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Home My WebLink About2003-07-01 CC Packet ~EGULAR MEETING RECESSED MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 03-14 Council Chambers, 216 North Fourth Street July 1, 2003 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Discussion on 2:00 a.m. bar closing 2. Discussion on rates for Street Lighting 3. Information on franchise fees STAFF REPORTS 1.Police Chief 2.Fire Chief 3. City Clerk 4. Director of Admin. 7. City Attorney 8. City Administrator 7:00 P.M. AGE PLEDGE OF ALLEGIANCE - Observance of Independenc CALL TO ORDER ROLL CALL .PPROVAL OF MINUTES - Approval of June PETITIONS, INDIVIDUALS, DELEGATION , 2003 regular meeting minutes OPEN FORUM The Open Forum is a portion of the the meeting agenda. The Counc. to staff regarding investigation ing to address Council on subjects which are not a part of on or reply at the time of the statement or may give direction expressed. CONSENT AGENDA* 1. Resolution 2003-14 yment of bills 2. Possible authorization retch, Inc. to hold portion of Gopher to Badger Half Marathon in the City on Saturday,!!~~~~ 6, 2003 3. Possible appr lofPe to Sell at Lily Lake Ballfields - July 25-27,2003, applicant Brian Johnson 4. Resolution 7, Approving Inclusion of Larry D. Hansen in the Public Employees Retirement Associatio 5. Resolutio 6. Reque Jim 7. Reso 03-149, designation for additional depositories for 2003 8. Resolutl 03-150, accepting work and ordering final payment for County Road 5 Watermain (Project 200 -16) 9. Request to install banner- Anderson's 100th birthday and Lumberjack Days approval of 2003 Lumberjack Days Agreement Ion of First Street between Willard and Churchill for neighborhood block party - .UBLlC HEARINGS 1. Case No. V/03-50. This is the date and time to hold a public hearing to consider an appeal of the Planning Commission's decision on a request from Joe Thompson for a variance to the front yard fence height regulations (42" allowed, 60" proposed) at 828 West Willard Street in the RB, Two Family Residential District. Notices have been mailed to affected property owners and published in the Stillwater Gazette on June 20, 2003. UNFINISHED BUSINESS 1. Continuation of discussion on rates for Street Lighting, if needed. 2. 501 S. -rd Street Demolition - Mr. Brad Castle . NEW BUSINESS 1. Possible approval of 2003 livable community development account grant application (Resolution) 2. Possible setting of public hearing for On-Sale and Sunday Liquor License for Famous Dave's * All items listed under the consent agenda are considered to be enacted by one motion. There will be no separate discussio citizen so requests, in which event, the items will be remov separately. City Council and will be s unless a Council Member or nsent agenda and considered PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS COUNCil REQUEST ITEMS. STAFF REPORTS (continued) ADJOURNMENT . . 2 . REGULAR MEETING RECESSED MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 03-14 Council Chambers, 216 North Fourth Street July 1, 2003 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Discussion on 2:00 a.m. bar closing 2. Discussion on rates for Street Lighting STAFF REPORTS 1.Police Chief 2.Fire Chief 3. City Clerk 4. Director of Admin. 5. Community Dev. Director 6. City Engineer/PWD 7. City Attorney 8. City Administrator PLEDGE OF ALLEGIANCE - Observance of Independe 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL ~PPROV AL OF MINUTES - Approval of June 3 ~ETITIONS, INDIVIDUALS, DELEGATIONS OPEN FORUM The Open Forum is a portion of the C the meeting agenda. The Council ma to staff regarding investigation of the co Ing to address Council on subjects which are not a part of n or reply at the time of the statement or may give direction xpressed. CONSENT AGENDA* 1. Resolution 2003-146, directin 2. Possible authorization to Final tch, Inc. to hold portion of Gopher to Badger Half Marathon in the City on Saturday, August 16, 2003 3. Possible approval of Permit to Sell at Lily Lake Ballfields - July 25-27, 2003, applicant Brian Johnson 4. Resolution 2003-147, Approving Inclusion of Larry D. Hansen in the Public Employees Retirement Association (PERA) 5. Resolution 2003-148, approval of 2003 Lumberjack Days Agreement 6. Request to block portion of First Street between Willard and Churchill for neighborhood block party - Jim Caldwell 7. Resolution 2003-149, designation for additional depositories for 2003 8. Resolution 2003-150, accepting work and ordering final payment for County Road 5 Watermain (Project 2000-16) PUBLIC HEARINGS 1. Case No. V/03-50. This is the date and time to hold a public hearing to consider an appeal of the . Planning Commission's decision on a request from Joe Thompson for a variance to the front yard fence height regulations (42" allowed, 60" proposed) at 828 West Willard Street in the RB, Two Family Residential District. Notices have been mailed to affected property owners and published in the Stillwater Gazette on June 20, 2003. UNFINISHED BUSINESS 1. Continuation of discussion on rates for Street Lighting, if needed. NEW BUSINESS . 1. Possible approval of 2003 livable community development account grant application (Resolution) 2. Possible setting of public hearing for On-Sale and Sunday Liquor License for Famous Dave's PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICA TIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion o~the items unless a Council Member or citizen so requests, in which event, the items will be removed fr c sent agenda and considered separately. . . 2 I' '4 . /lJEMORANDUM June 27, 2003 TO: Mayor and City Council FROM: Diane Ward, City Clerk SUBJECT: 2:00 a.m. bar closing DISCUSSION: As requested by the Council at their June 17 meeting, I have invited liquor establishments to Council's 4:30 meeting (see attached letter sent). As of this time attached is a letter from Mad Capper's and an email from Larry McGough of the Freight House. I have spoken with Tom Howard, St. Croix Music Cafe, indicating he will be at the meeting. Attached you will find some of the same information relating to the 2:00 a.m. bar closing that I gave you at the last meeting. I would also suggest that Council add a new subdivision in the liquor .rdinance whether they approve the 2:00 a.m. closing or stay with the 1 :00 a.m. closing. This dditional subdivision would be Chapter 43-74, Subd. 3 - "No person other than an employee of an establishment licensed pursuant to this subdivision shall rema~n on the licensed premises longer than one half hour after the closing time as established by this ordinance." This subdivision was in Ordinance No. 709, but when the code Was recodified in1 998 it was not put in the code. Polic.e Chief Dauffenbach would like to see this subdivision with the change of "15 minutes after the closing time" in the current City Code. Cities who wish to opt out of the 2:00 a.m. closing will have to modify/affirm their ordinances to reflect specific closing times. Most cities that go along with the 2:00 a.m. closing need to modify their ordinance to state "Sales of intoxicating liquor in the city as to hours and days of sale shall be governed by the provisions of Minn. Stat. S 340A.504." The City of Stillwater's Liquor Ordinance, Section 43-74, Subd. 1, Hours and days of sale, already contains that statement and since it does the 2:00 a.m. closing will happen by State law without a change to that section. However, Section 43-74, Subdivision 2, the Sunday Sales Section, provides a closing time of 1 :00 a.m. Monday and requires a seating capacity of 25 rather than 30 that is stated in the new statute. If we want 2:00 a.m. on Sunday we need to change this section. (see attached). As with all the liquor rules, the City can be more restrictive and the Council could change our ,.,rrl,'nan"e t,., stata a "I/"'Is'n" t,'maot- 1.nn a m if t.he\l cee fit. ~t f"'lolu-i for inct~n Co has nO\ler VIU v \.V L Lv '-'IV.I:::1 "-' I.VV dff."L lV II. \...1.'-"......'\..11 . Iv,",.'" '-'," 1'"-,,, adopted the 1 :00 a.m. closing and all their liquor establishments still close at 12:00 a.m. . " . Another concern relating to this bill is the police costs for the 2:00 a.m. closing. The state will receive $200 - $600 for each establishment who wishes to remain open until 2:00 a.m., the City . receives none of this fee, but yet our police department will provide the law enforcement. Attached a sample resolution from the City of Cold Springs settting fees for their establishments who wish to remain open. Police Chief Dauffenbach will be available to answer any questions regarding the impact on the police department Process for a 2:00 a.m. c10sinq if done for this vear: Establishment submits the application and fee (payable to the State of Minnesota) to the City for signature by the City Clerk for optional 2:00 a.m. closing license. Once the State receives the application they will approve immediately and return the license to me (timeframe -mailing 1-2 weeks) If effective for this year they will not be on the same license period as their regular licenses so there may not be a consistency on the 2:00 a.mlicense period (example: one establishment's 2:00 a.m. license period could be July 15 to July 15; and another establishment's 2:00 a.m license period could be August 1 to August 1) depending on when they apply. Process for a 2:00 a.m. closinqif done for an effective date of Januarv 1. 2004. Establishment would submit the application and fee (payable to the State of Minn~sota) to the City for signature by the City Clerk for optional 2:00 a.m. closing license along with the annual renewal of liquor licenses. The annual renewals are usually sent to the State the third week of November. This would make the license period for the 2:00 a.m. closing the same as their license period for their liquor licenses. . ACTION REQUIRED: Discuss the 2:00 a.m. bar closing issue. If Council wishes to continue the 1 :00 a.m. closing and the addition of a subdivision regarding persons remaining on the property of a liquor establishment, a 1st reading of an ordinance amending Section 43-74, Subd. 1 to specifically state closing hours and the addition of Section 43-74, Subd. 3 would be necessary, with the second reading being on July 15, 2003. (Ordinance would not be in affect until the ordinance is published) If Council wishes to go with the 2:00 a.m amending Section 43-74. Sudb 2. Sunday Sales Section, to a closing time of 2:00 a.m. Monday and the requirement a seating capacity of 25 rather than 30 and add the subdivision regarding persons remaining on the property of a liquor establishment will require a first reading of an ordinance, with the second reading being on July 15, 2003. (Note: this reading would not impact the 2:00 a.m. closing except for the amending of Section 43-74, Subd. 2 Sunday's (Monday) 1:00a.m. closing, which would not be in affect until the ordinance is published) . j.. ! I ats'" 1 VI ~ Diane Ward From: larry [Iamcgough@attbi.com] Thursday, June 19, 2003447 PM Diane Ward ~ent: .0: Subject: Re: status of 02:00 am Diane Thank you for your e-mail. I received your letter today, that you mentioned earlier. Based on the current Stillwater code, and the new state law, we think, technically, we could be open till 02:00 am starting July 1st. However, there is no intent for us to do so, at this time, assuming the city acts in a timely manner on addressing the issue. I am on vacation for the next two weeks, so this is a non issue for me till after the 4th of July. The Freight House will either have a written statement for the councilor a reprensentive at the July 1 st meeting. My personal recommendation would be to pass the 02:00 am closing, but make it affective at the next renewal of a license, which in the case of the FH would be December 31, 2003. This will give both the business and the city time to adjust their work schedules accordingly. To the extent that the city wants to charge an extra fee for this privilege, similar to the Sunday sales fee, i~ up to them. Ultimately, the free market system will make the determination as the financial success of staying open for an extra hour. In the summer, the business is there, The other nine months of the year it is not an issue. .nk you for your attention to this matter. I'll check back after the 4th of July to see what the City of Stillwater has decided to do. Respectfully Larry McGough The Freight House . .... ~\ . Dear City Council. 01 -' Just letting you know the Mad Capper Saloon & Eatery's postion on the 2 a.m. closing, Weare not opposed to the 2 a.m. closing, however, we will not be par-taking in the extra hour of serving. We are only open until midnight Sun. thru Wed. right now and 1 am Thurs, Fri. , and Sat. So it is not a factor to us. Thank you, Jeff & Tammy Chilson Owners of Mad Capper . Saloon & Eatery, Inc. . " ~ . later June 18,2003 JLH Inc. John's Bar Robert Hinz 302 S. Main St. Stillwater,MN 55082 Subject 2:00 A.M. Bar Closing Dear Robert Hinz: . At their June 17,2003 meeting Council discussed the issue of the 2:00 A.M. bar closing. They tabled decision on the issue until July 1 because they would like to receive input from the establishments that hold On-sale, Sunday, Wine, and Wine with Strong Beer licenses. The Council invites you to attend the July 1 meeting at 4:30 p.m. to provide them input. If you are unable to attend and wish to comment, please submit your comments in writing and return to me by June 26 so that I can include your comments in the Council's packet for the July 1 meeting. If you have any questions, feel free to contact me at 651-430-8802. Sincerely, ~LU~ Diane Ward City Clerk . CITY HALL: 216 NORTH FOURTH STillWATER, MiNNESOTA 55082 PHONE: 651-430-8800 " ~ S 43-69 STILLWATER CODE Subd. 3. No license shall be granted to any person, for any place or for any business ineligible for such a license under state law. Subd. 4. No license shall be granted for any business which is located in an area prohibiting such location by state law or which principal building is within 500 feet of a principal school building or a principal church building. Subd. 5. An off-sale intoxicating liquor license may not be issued to a place where 3.2 percent malt liquor is sold for consumption on the pre- mises. This prohibition does not apply to those places where both an on-sale and off-sale license or a combination license have been issued under Minn. Stat. S 340A.406. State law references-General eligibility requirements for licenses, Minn. Stat. ss 340A.402, 340AA12; eligibility requirements for on-sale licenses, Minn. Stat. S 340AA04; eligibility for off-sale licenses, Minn. Stat. S 340A.405; restric- tions on location, etc., Minn. Stat. S 340AA12; Sunday sales licenses, Minn. Stat. S 340A.504, subd. 5. Sec. 43-70. On-sale licenses. Subd. 1. An on-sale intoxicating liquor license may be issued to the following establishments: (1) Hotels; (2) Restaurants, as defined by Minn. Stat. S 340A.IOl, subd. 25, having a minimum seating capacity of 25 guests; (3) Clubs or congressionally chartered veter- ans' organizations with the approval of the state commissioner, provided that the organization has been in existence for at least three years and liquor sales will only be to members and bona fide guests; (4) Exclusive liquor stores; and (5) Bowling centers. Subd. 2. An on-sale wine license may be issued with the approval of the state commissioner to a restaurant having facilities for seating at least 25 guests at a time. (Ord. No. 867, S I, 12-1-98) State law references-On-sale intoxicating liquor li- cense, Minn. Stat. S 340AA04, subd. 1; on-sale wine license, Minn. Stat. S 340A.404, subd. 5. Supp. No.9 Sec. 43-71. Off-sale licenses. An off-sale intoxicating liquor license may be issued to an exclusive liquor store or to a drug- store with the approval ofthe state commissioner. State law reference-Off-salelicense to exclusive liquor store or drugstore, Minn. Stat. S 340A.405, subd. 1. . Sec. 43-72. Fees. The fee for on-sale, off-sale or Sunday sales liquor license or for on-sale wine license shall be as set by the city council by resolution. The licenses shall be for one year from January 1 through December 31. State law reference-Maximum fees permitted, Minn. Stat. S 340A.408. Sec. 43-73. Action on application. The city council shall investigate the applicant and the representations set forth in the applica- tion. Any person who wants to be heard either for or against the license shall be heard at a special or general meeting of the city council. Notice of the public hearing containing date and time ofthe hearing to consider a new liquor license shall be published at least ten days prior to the date ofthe hearing. The city council shall either approve or reject the application. If approved, the city clerk shall issue the license, providing the fee has been paid and the license approved by the state commis- sioner when applicable. No license shall be trans- ferable by the licensee or to other premises that described in the original application. (Ord. No. 903, S 2, 11-7-00) State law reference-License restrictions and require- ments, Minn. Stat. S 340AA12. . Sec. 43-74. Hours and days of sale. Subd. 1. Sales of intoxicating liquor in the city as to hours and days of sale shall be govemed by the provisions of Minn. Stat. S 340A.504. Subd. 2. A restaurant, bowling center, club or hotel as defined in state law which has facilities for serving not less than 25 guests at one time and which has an on-sale intoxicating liquor license for consumption on the premises may serve intox- icating liquors in conjunction with the serving of food at tables between the hours of 10:00 a.ill. on . CD43:10 , . Sundays and 1:00 a.m. on Mondays, provided that such establishment obtains a Sunday sales li- cense and complies with the Minnesota Clean Air Act, Minn. Stat. ~ 144.411 et seq. A certificate of such compliance must be filed with the city clerk prior to the commencement of sales by such licensees as permitted by this subsection. COrd. No. 867, ~ I, 12-1-98) State law reference-Hours and days of sale, Minn. Stat. ~ 340A.504. Sees. 43-75-43-105. Reserved. ARTICl;E III. 3.2 PERCENT MALT LIQUOR* DIVISION 1. GENERALLY Sees. 43-106-43-125. Reserved. . DIVISION 2. LICENSEt Sec. 43-126. Required. Subd. 1. No person may directly or indirectly, on any pretense or by any device, sell, barter, keep for sale or otherwise dispose of 3.2 percent malt liquor as part of a commercial transaction with- out having obtained a license issued by the city council. Subd. 2. Any person licensed under this chap- ter to sell intoxicating liquor at on-sale or off-sale shall not be required to obtain an on-sale or off-sale license under this section, and may sell 3.2 percent malt liquor at on-sale or off-sale without further license. State law reference-Similar provisions, Minn. Stat. ~ 340AA03. *State law reference-Malt liquor licenses, Minn. Stat. ~ 340A.403. tCross reference----Licenses, permits and prohibitions, . ch.41. State law references--3.2 percent malt liquor licenses, Minn. Stat. ~ 340A.403; revocation, suspension, Minn. Stat. ~ 340A.415; refunds, Minn. Stat. ~ 340AA08, subd. 5. Supp. No.9 CD43:10.1 LIQUOR ~ 43-127 Sec. 43-127, Persons eligible. Subd.1. No retail license may be issued under this article to: (1) A person under 21 years of age; (2) A person who has had an intoxicating liquor or nonintoxicating liquor or 3,2 percent malt liquor license revoked within five years of the license application, or to any person who at the time of the viola- tion owns any interest, whether as a holder of more than five percent of the capital stock of a corporation licensee, as a part- ner or otherwise, in the premises or in the business conducted thereon, or to a corpo- t.age !. OI L Diane Ward It, From: Larry Lahr [llahr@coldspringgovoffice.com) Sent: Thursday, June 26,20039:00 AM To: Clerk Administrators Subject: [c1erk-admins) Re: 2:00 P.M. Closing for Liquor Establishments . The City of Cold Spring passed last night an ordinance allowing its establishments to remain open until 2:00 a.m., and a Resolution setting the fees for doing so. 1l1e State has a fee for their 2 AM License that is tied to gross sales, our license has the same bracketed approach. I've attached a copy of the resolution passed setting the fees. Larry]. Lahr City Administrator LLahr@ColdSpring.GovOffice.com ----- Original Message ----- From: Lvnne Krieaer To: Q~ik Administrators Sent: Tuesday, June 24,20039:20 AM Subject: [c1erk-admins) 2:00 P.M. Closing for Liquor Establishments Is anyone considering raising their liquor license fees to cover police expenses for a 2:00 P.M. closing on liquor establishments. We understand that the State charges a fee which will go for state patrol but that doesn't do cities any good because State patrol will not patrol within City limits? You are currently subscribed to clerk-'admins as: kylIodch@earthlink.net To unsubscribe send a blank email to leave-clerk-admins-3l86I@listserv.lmnc.org This email has been scanned for all viruses by the MessageLabs Email Security System. For more information on a proactive email security service working around the clock, around the globe, visit http://wwyy:.]1leSsagehlbs.com . You are currently subscribed to clerk-admins as: kylIodch@earthlink.net To unsubscribe'send a blank email to leave-clerk-admins-3186I@listserv.Imnc.org You are currently subscribed to clerk-admins as: lIahr@coldspring.govoffice.com To unsubscribe send a blank email to leave-clerk-admins-3186I@listserv.Imnc.org This email has been scanned for all viruses by the MessageLabs Email Security System. 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A RESOLUTION ESTABLISHING FEES FOR THE 2 AM LICENSE FEE, SETTING FORTH THE EFFECTIVE DATES OF SUCH FEES AND INCORPORATING SAID FEES INTO THE EXISTING "FEE SCHEDULE" WHEREAS, the City has an established fee schedule for specific services it provides from time to time; and, WHEREAS, City Code, as amended this date by Ordinance No. XX provides for the licensure of establishments for the display and sales of alcohol and tobacco; and, WHEREAS, Section 800:00 Subdivision 4 of City Code provides for the classification of licenses and establishes the fees therefore; and, WHEREAS, through the adoption of Ordinance No. 254 the City Council provided for the licensure of establishments to sell alcohol until 2:00 a.m., and allows fee to be set by resolution; and, WHEREAS, the City Council shall review such fees from time to time and adjust where deemed necessary. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Cold Spring that the following fees for the 2 AM Licenses are hereby enacted. 1. On-sale intoxicatin!! un to $100.000 in !!ross sales. The fee for an annual license to sell on-sale intoxicating liquor until 2:00 a.m. shall be $300.00 for all establishments with gross sales of this nature of up to $100,000.00, the same fee shall apply for an establishment that did not sell intoxicating liquor for a full 12 months prior to the date of application. The applicant shall provide gross sales receipt information with the application. 2. On-sale intoxicatin!! $100.000 to $500.000 in !!ross sales. The fee for an annual license to sell on-sale intoxicating liquor until 2:00 a.m. shall be $500.00 for all establishments with gross sales of this nature of more than $100,000.00, but not more than $500,000. The applicant shall provide gross sales receipt information with the application. .3. On-sale intoxicatin!! over $500.000 in !!ross sales. The fee for an annual license to sell on-sale intoxicating liquor until 2:00 a.m. shall $700.00 for all establishments with gross sales of this nature of more than $500,000. The applicant shall provide gross sales receipt information with the application. 4. 3.2% Malt Liouor or Set Un License Holders. The fee for an annual license to sell 3.2% Malt Liquor or to hold a Set Up license until 2:00 a.m. shall $200.00 for all establishments. BE IT FURTHER RESOLVED that the fees prescribed above shall be effective immediately, unless otherwise specified herein. BE IT FINALLY RESOLVED that administrative staff is hereby directed to incorporate these rates in the current Fee Schedule for the city of Cold Spring. Duly passed and adopted by the City Council of the City of Cold Spring, Minnesota, on this 25th day of June, 2003. SIGNED: WITNESSED: Brigetta A.L. Klemek, Mayor Larry J. Lahr, City Administrator . (CITY SEAL) Minnesota Department of Public Safety (form 90]] -2AM) ALCOHOL AND GAMBLING ENFORCEMENT DIVISION (AGED) (7/(13) 444 Cedar Street, Suite 133. St. Paul, ?vlN 510] -5] 33 Telephone 65] -296-6979 Fax 65] -297-5259 TTY 65 J -282-6555 \ CERTIFICATION OF LIQUOR LICENSE OR APPLlCA TION FOR OPTIONAL 2 A.M. CLOSING LICENSE . Licensees: Effective Ju]y L 2003, complete this form to ilpp]y for optioml 2 A.M. closing license and milke check pilY3ble to AGED for he amount indic3ted below under 2 AM. Section. Note: New Intoxicating Liquor Licensees must also purchase a $20 buyers card before establishments will be approved by AGED to receive liquor shipments from who]esalers. Make check payable to: AGED Cities and/or Counties: You are required to submit this signed form to certify the issuance of all city issued on sale intoxicating liquor ancl! or Sunday liquor licenses, and 3.2% malt liquor licenses. City/County must also sign this form for 2 AM. closing license applicants. Name of City or County Issuing License License type: (check all that app]y) On Sale lntoxicatingo 3.2% Malt Beverageo Sunday Liquoro 2 A.M. Option 0 (On sole License fee $_) (32% License Fee $ ) (Sunday License Fee $ ) New License 0 License Transfer 0 Suspension/Revocation/Cancel 0 (Former Licensee Name) (Give Dates) Licensee Name: (corporation. partnership, LLC, or Individual) DOB Social Security # Trade Name Zip Code Business Phone Business Address County Home Address Home Phone City Licensee's MN Tax ID (To apply for number called 651.296-6181) If licensee is a corporation, partnership, or LLC, complete the following for each partner/officer: . Partner/Officer Name (First Middle Last) DOB Social Security# Address Parmer/Officer Name (First Middle Last) DOB Social Security# Address Partner/Officer Name (First Middle Last) DOB Social Security# Address Intoxicatinl! LiQuor Licensees must attach a certificate of Liouor Liabilitv Insurance to this form. (Does not apply if only applying for Optional 2 AM license) The Insurance Certificate must contain all of the following: ]. Show the exact Licensee name (corporation, partnership, LLC etc.) and business address as shown on the license. 2. Cover completely the license period set by the city/county as shown on the license. DYes 0 No During the past year has a summons been issued to the licensee under the Civil Liquor Liability Law. Workers Compensation Insurance is also required by all licensees: Please complete the following: Workers Compensation Insurance Co. Name Policy # Licensee's aoolvinl! for Ootiona) 2 AM cJosinl' license. comolete the followinl! steos: ]. Fill out the above application completely and check 2 AM box above for license type. . 2. Report your previous ]2 months total intoxicating liquor receipts by checking one of the following: o Up to $100,000 in gross annual receipts for intoxicating liquor - $200 2 AM license fee '-' '-./...... .v J '-J v7"V V '-" ......L.. ......n 'V.....J <,j/-' VV,VVV JJJ SJV0J UJJJJUUJ J L\..\..JfJL) IV! JJJLVhJ\"QllJJt; UYUl1J - J)JVU '" f"lll'J 1Il:t:'JI~1: Jt:e (,~ " 0 Over $500,000 in gross annual receipts for intoxicating liquor license - $600 2 AJ\1liccnsc fee 03.2 % J'v1alt Liquor licensees or Set Up License Holders - $200 2 AJ\1license fee Wd not sell intoxicating liquor for a full 12 months prior to this application - $200 2 AJ\1license fee 3. Does your liquor license issuing city/county/township allow the sale of alcoholic beverages until 2 AM? 0 Yes 0 No 4. Make check payable to: Alcohol and Gambling Enforcement Division (AGED) for the amount indicated above that you have checked. Mail check and this completed and signed certification/application form to the address above. ] certify that this Iicense(s) has been approved in an official meeting by the governing body of the city/county and/or the city/county approves the sale of alcoholic beverages unti] 2 AM. City Clerk/County Auditor Signature Date Licensee Signature Date (I cenify that to the best of my knowledge I have answered the above questions truthfully and correctly.) . . ". .. . MemorandUlll From: Mayor and City Council Klayton Eckles, City Engineer June 24, 2003 'J-t: To: Date: Subject: Revised Street Light Utility Fees DISCUSSION City Council completed the second reading of an ordinance for street lighting utility. The purpose of the ordinance is to pay for expenses associated with the City's signs and lighting budget and generate enough revenue to maintain, rehabilitate and reconstruct the City' s lighting and signage infrastructure. The specific budget for the lighting utility would be as follows: Item Bud2et . Lighting and signal electricity Personnel and contractor services General supplies Capital improvements/outlay Total $180,000 $ 90,000 $ 10,000 $ 70.000 $350,000 As shown the actual costs of running the lighting, signals and signage in the City of Stillwater is about $350,000 including potential capital improvements. Using this as an objective we set forth the following goals in setting up a signs and lighting utility. . 1. Develop a quarterly fee based utility that would generate between $300-350,000 a year. 2. Provide a rationale for the rate structure that is both fair and reasonable. 3. Provide a utility that is easy to understand and implement with a very low operating cost. . In looking at other cities and opportunities within the City of Stillwater, one approach that has much merit is to mirror the storm water utility approach to setting rates. Other cities such as Apple Valley followed this course. Under this approach a philosophy is adopted where rates are based on land use density and intensity of land use. Just as these criteria increase storm water runoff they also tend to generate more pedestrian and vehicular traffic. Since our signs and lighting system is devoted to providing safe streets and transportation system, these criteria's seem justified. Therefore, this philosophy sets rates not just based on immediate sign and lighting benefits but also on secondary benefits to residents and businesses that result from an overall transportation system that is safe. ., , June 24, 2003 Under the storm water utility concept properties were grouped into different categories of land use and then these land uses were given quarterly rates based on multiples of a basic single-family unit charge. As a starting point we determined the basic charge at $8 per quarter and then set a multiplier on the basic charge based on the number of units or number of acres. The multiplier we first applied was identical to that used in the storm water utility. However on closer examination we found it necessary to modify this multiplier for a number of categories. The changes are as follows: .~ 1. Multi-family was lowered from a basic charge of! per unit to .75 basic charges per unit. This was done to reflect that multi-family units typically do not generate quite as much traffic as single-family units nor do they have as much street frontage. 2. Another important change was to cut the institutional basic charge from $48 per acre to $24 per acre. Institutional property is generally churches and public spaces. . All of these properties do not generate tax revenue but they do impact our public utilities. The reduction was made because although these types of properties do have fairly intensive land use this use typically is limited to only a certain number of days ofthe week. So the intensity of land use does not have the proportional impact on our transportation system. 3. The category of active open space was also modified. Under the storm water utility it received 1 base charge per acre. Under this new utility we suggest it receive .25 base charges per acre. The reasoning here is similar to the reasoning provided under institutional. 4. Potentially one additional new category could be provided that might be titled a "Low . Service District." The appropriateness of including this additional category warrants some debate on the Councils part. Under the storm water utility we did provide a methodology where by property owners could receive credit for enhanced storm water facilities on site. The result as a lower quarterly utility charge. Using the same logic we might have a low service district for neighborhoods that have little or no lighting or provide their own lighting. However there is a caution here in that anyone that doesn't have a streetlight on their comer may feel they are part ofthe Low Service District. A Low Service District might be charged at 50-75% of the rate provided in the normal comparable district. Using the storm water utility rationale for base charges along with the proposed modifications above, the following table result from the assumption of an $8 base charge. Catet!orv Quarterlv Rate Single-Family Multi-Family Institutional Commercial Commercial with system Active Open Space $8 per unit $6 perunit $24 per acre $96 per acre $128 per acre $2 per acre . 2 ~ June 24, 2003 . Using the rates shown above, the residential properties within the City of Stillwater would yield approximately $190,000 in annual revenue, and the commercial properties would yield revenue of approximately $140,000 annually. If the Council elects to go with a low service district fee reduction program, the system will obviously yield somewhat less revenue and the programming and operation of the system would become more difficult. However these issues could be overcome by modifying the base charge and dedicating some finance and engineering staff time to reprogram the computer system and deal with special requests. RECOMMENDATION Staff recommends that Council consider the following: 1. Is the proposed goal of $300-350,000 appropriate? 2. Is the proposed utility rate structure fair and reasonable? 3. Is the proposed utility easy to understand and implement? 4. Should we include the Low Service District? Once Council makes a determination, Council can take action to approve the above proposed fee structure or provide input on a different fee structure. ACTION REOUIRED . If Council concurs with staff recommendation, Council should pass a motion adopting a proposed rate structure for the street lighting and signs utility. . 3 City of Stillwater - Electric Franchise Fee Estimate Information Based on Year Ending April 2003 . NSP FRANCHISE PERCENT CUSTOMER ELECTRIC FEE OF ELEC CLASS ACCOUNTS kWh REVENUES REVENUES REVENUES Residential 6,794 63,825,467 $4,793,616 $143,808 3.0% Sm C & I - Non-Oem 589 7,493,048 $568,535 $17,056 3.0% Sm C & I - Demand 234 28,714,534 $1,727,059 $51,812 3.0% Large C & I 44 46,162,211 $2,228,063 $66,842 3.0% Public Street Ltg 20 912,953 $145,694 $4,371 3.0% Muni Pumping - N/D 10 76,156 $5,593 $168 3.0% Muni Pumping - Oem 9 940,002 $61 ,320 $1,840 3.0% CLASS Residential Sm C & I - Non-Oem 8m C & I - Demand Large C & I Public Street Ltg Muni Pumping - N/D Muni Pumping - Oem . Total CLASS Residential 8m C & I - Non-Oem 8m C & I - Demand Large C & I Public Street Ltg Muni Pumping - N/D Muni Pumping - Oem Total . CUSTOMER ACCOUNTS 6,794 589 234 44 20 10 9 7,700 CUSTOMER ACCOUNTS 6,794 589 234 44 20 10 9 7,700 kWh 63,825,467 7,493,048 28,714,534 46,162,211 912,953 76,156 940,002 148,124,371 $ kWh 63,825,467 7,493,048 28,714,534 46,162,211 912,953 76,156 940,002 148,124,371 I $ NSP ELECTRIC REVENUES $4,793,616 $568,535 $1,727,059 $2,228,063 $145,694 $5,593 $61 ,320 9,529,881 1 NSP ELECTRIC REVENUES $4,793,616 $568,535 $1,727,059 $2,228,063 $145,694 $5,593 $61,320 9,529,881 FRANCHISE PERCENT FEE OF ELEC REVENUES REVENUES $143,808 3.00% $17,056 3.00% $51,812 3.00% $66,842 3.00% $4,371 3.00% $168 3.00% $1,840 3.00% ,-"...... ......... $285,896 {:::t:\ff'r:jf%&$.: FRANCHISE FEE REVENUES $163,056 $17,670 $50,544 $66,000 $4,320 $240 $1,944 $303,774 PERCENT OF ELEC REVENUES 3.40% 3.11% 2.93% 2.96% 2.97% 4.29% 3.17% .............................. ttItt,tt:'::::3'Asooj ................................ . . .. . -......... I I FLAT FEE I (PER ACCOUNl I PER MONTH) $1.76 $2.41 $18.45 $126.59 $18.21 $1.40 $17.03 FLAT FEE (PER ACCOUNl PER MONTH) $2.00 $2.50 $18.00 $125.00 $18.00 $2.00 $18.00 \ . CITY OF STILLWATER CITY COUNCIL MEETING NO. 03-12 Council Chambers, 216 North Fourth Street June 3, 2003 REGULAR MEETING 4:30 P.M. Present: Absent: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Others Present: City Administrator Hansen City Attorney Magnuson Police Chief Dauffenbach Fire Chief Kallestad Director of Administration Knauss Public Works Director Eckles City Clerk Ward Discussion on Fees . City Administrator Hansen reviewed some of the fees that the Council previously approved and asked that Council review those fees again because the fire fees may need an ordinance or ordinance revisions to become effective. He also stated that the annual investigative fee is to cover costs by the Police Department for investigation of all people associated with liquor licenses. Fire Chief Kallestad reviewed the proposed fire fees. Council consensus was that more information was needed regarding the fire fees and directed the Fire Chief to provide more information on the fees. Motion by Councilmember Milbrandt, seconded by Council member Kriesel not to approve any new fire fees except the last two items regarding the fireworks sale. Mr. Hansen stated that an ordinance would need to be in place and that it would be too late for both readings of the ordinance in time for the sale of fireworks this year. Motion by Council member Milbrandt, seconded by Councilmember Kriesel to withdraw the motion. Motion by Councilmember Rheinberger, seconded by CouncilmemberMilbrandt to adopt Resolution 2003-125, Fees for Services 2003 and directed the Fire Chief to provide additional information regarding fire fees and come back to Council with that information. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker, and Mayor Kimble . Nays: None '" City Council Meeting - 03-12 June 3, 2003 Public Works Director Eckles stated that a major portion of the City's sealcoating efforts are directed towards sealcoating newly constructed or reconstructed streets. He stated that within eight years of the construction or reconstruction ofa street, a sealcoating is. warranted. He stated within five years of the start of the development project about 80% of the homes have been completed and would be an ideal time to sealcoat. He also stated that rather than use general tax dollars to complete this maintenance, Council may want to consider that sealcoat be part of the developer's responsibility and part of the initial construction. He stated that the developer's agreement could require the developer to pay a fee to be held in escrow and then used for a sealcoat project once approximately 80% of the homes have been constructed. He stated that the fee to the developer would be roughly $2.00 per lineal foot of street or approximately $100 per house and that the exact cost could be determined based on the proposed plat. Motion by Council member Rheinberger, seconded by Council member Kriesel to adopt Resolution 2003-126, authorizing development charges for seal coating. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker, and Mayor Kimble Nays: None STAFF REPORTS Public Works Director Eckles stated that the Industrial Park area has an existing street lighting system, which is over 20 years old. He stated that it was not a top of the line system when installed originally. Presently it suffers from almost continuous problems including failures to lights, ballasts and transformers as well as shorts and failures of the underground wiring system. He stated that these problems resulted in a street light system that currently has failures for a good part of the year. Mr. Eckles stated that the City has recently completed a street rehabilitation project on Curve Crest and future projects will certainly occur on some of the other side streets and these projects have orwill result in assessments. He stated an alternative to assessments would be creation of a street lighting district. He stated that a street lighting district could be implemented throughout the entire industrial park and marketplace area, which could be used to pay for future capital improvements and also capture the maintenance and operational costs. He also stated that given the City's difficult budget situation, the use of a street lighting district in this area and perhaps throughout the entire city could yield over $200,000 a year just for operation of the lighting system. Public Works Director Eckles informed the Council of the Parks Board's . recommendation on the maintenance of parks. He stated that due to the budget Page 2 of 19 City Council Meeting - 03-12 June 3, 2003 . situation, the Parks Board has prioritized the parks for maintenance. He stated that some of the passive parks would not be maintained as often as in the past so they will be mowed less. He wanted to make Council aware as to why some areas are not be maintained as in the past. City Administrator Hansen stated that Minnesota House and Senate have approved the bonding bill, which includes $1,300,000 for the Brown's Creek Initiative and the tax bill, which includes a $745,000 cut in LGA for 2003 and 2004. He stated that the cut in LGA for 2003 is more severe than his worst-case scenario, but that the cut for 2004 is less severe and allows the City to levy back for 60% of the cuts in 2004. He stated that if the City tried to absorb the entire $745,000 in 2003 the City would have to keep in place all of the Police Department cuts and an additional $320,649 which would put the City at a level base for 2004 where we would be able to levy back $447,000. He also stated that he is concerned if the City absorbs all the cuts in the remainder of 2003 they would be more severe than the taxpayers would find acceptable. . He reviewed possible solutions such as cutting ~ of the remaining $320,649 and using reserve or budget amendments for the other half which would mean we would still have $160,324 to raise to get to a level base for 2004; create a franchise fee for gas and electric power which is allowed by State statute and could be in effect within approximately 120 days. He stated that a number of cities have already done this and Dave Magnuson has done research on the subject and that a 3-5% fee would generate an estimated $300-$500,000 plus. He stated that currently the City is spending approximately $200,000 per year on street lighting costs paid for by the general tax levy. He stated that a number of cities are charging a "fee" or special assessment to property owners for street lighting outside of the tax levy. He also stated that by doing this cities are also able to set aside funds to purchase replacement lighting. Motion by Councilmember Kriesel, seconded by Councilmember Rheinberger authorizing the City Administrator to spread the remaining budget cuts over 2003 and 2004 anticipating additional levy in 2004. All in favor. Council discussed the franchise fee issue. Council member Kriesel stated that other communities have implemented franchise fees, which Excel Energy passes onto the consumer. Councilmember Rheinberger stated that this is a different name for a substantial tax increase. He feels there should be public debate on the issue. Councilmember Milbrandt stated that there would be public input at the second reading of the ordinance. City Attorney Magnuson stated that the Council has 60 days to adopt the ordinance and there will be time for public input. Motion by Council member Milbrandt, seconded by Councilmember Kriesel approving the first reading of an ordinance relating to franchise fees. Ayes: Councilmembers Kriesel, Milbrandt, Junker, and Mayor Kimble Nays: C ouncilmember Rheinberger . Mayor Kimble explained that even though Council approves the first readings of an ordinance additional discussions would be held prior to the adoption of the 2nd reading Page 3 of 19 City Council Meeting - 03-12 June 3,2003 of the ordinance. He stated that staff would provide additional information on the franchise fees and street light districts for Council consideration. He also stated at that time Council could choose not to approve the ordinance after receiving additional . information. Motion by Council member Milbrandt, seconded by Council member Kriesel approving the first reading of an ordinance relating to street lighting districts. Ayes: Councilmembers Kriesel, Milbrandt, Junker, and Mayor Kimble Nays: C ouncilmember Rheinberger Mayor Kimble recessed the meeting at 6: 15 p.m. RECESSED MEETING 7:00 P.M. Present: Absent: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Others Present: City Administrator Hansen City Attorney Magnuson Police Chief Dauffenbach Fire Chief Kallestad Community Development Director Russell Public Works Director Eckles City Clerk Ward . PLEDGE OF AllEGIANCE - Observance of Flag Day - June 14, 2003 - Julie Kink Ms. Julie Kink led the Pledge of Allegiance in observance of Flag Day. APPROVAL OF MINUTES Motion by Council member Rheinberger, Approval of May 20, 2003 regular meeting minutes with the correction on Page 6, last paragraph to read "Council member Kriesel stated that there is a slow speed freeway through Stillwater now and the only way to get the traffic out of Stillwater is to get Highway 36 upgraded with a bridge crossing and that with at grade intersections the transient traffic is going to follow the path of least resistance which will be through downtown Stillwater." All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Presentation of retirement olaaue to Earl Plattner Mayor Kimble presented retirement plaques to Earl Plattner for over 27 years of employment in the Stillwater Public Works Department. . Page 4 of 19 . City Council Meeting - 03-12 June 3, 2003 Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2003-135, certificate of appreciation to Earl Plattner. All in favor. Ayes: Council members Kriesel, Milbrandt, Rheinberger, Junker, and Mayor Kimble Nays: None Reauest to rina church bells - St. Michaels Church Ms. Margot Rheinberger, on behalf of St. Michaels Church, requested that St. Michaels be allowed to ring its church bells to serenade the people who gather to watch the fireworks on July 4. She stated that St. Michael's is celebrating its 150th birthday this year and they would like to pay tribute to America's 22ih birthday by playing a variety of patriotic songs as well as Happy Birthday. She stated that the bells would play from 9:25 p.m. to 9:55 p.m. Motion by Council member Rheinberger, seconded by Councilmember Kriesel to approve the request to ring the church bells by St. Michaels Church. All in favor. Amv Senn. 602 N 5th Street - Reauest for variance to the noise ordinance Ms. Amy Senn requested a variance to the noise ordinance to hold a party at her home on July 26, during Lumberjack Days. She stated that she had a similar request last year and did not know of any complaints relating to her party. . Motion by Council member Rheinberger, seconded by Councilmember Milbrandt approving a variance to the noise ordinance for the band, with the condition that the band quits playing at midnight. All in favor. Reauest for financial SUODort for Oak Park Elementarv School Plavaround Proiect Debbie Crea, 801 Eagle Ridge Trail, stated that the current Oak Park playground does not compare with any of the other elementary school playgrounds. Some of the equipment dates back to the early 1960's and does not meet the current playground standards. All of the equipment will be replaced except for some swing sets and basketball hoops. She asked for the Council's support of this project. Sheila Eller, Principal of Oak Park Elementary, stated that Oak Park receives $15,000 yearly for facilities. $7,000 of that amount will be applied to the playground equipment. In addition, there is a drainage issue that will cost $10,000 to repair. The school district will also pay for the removal of the current equipment. Mike Coppock, 731 W. Orleans St., has a second grader who attends Oak Park Elementary. Baytown Township has agreed to donate $4,527 to the project. He requested that the City of Stillwater consider a contribution of $20,511. . Council member Rheinberger stated that he would be against providing financial support at this time because of budget constraints; entity missions are different, liability issues, and resources not available. He stated that the City does not have the money and that Page 5 of 19 City Council Meeting - 03-12 June 3, 2003 the timing of this request unfortunately has come at the wrong time and felt that the school district should be funding this playground. He also stated that this request should be delayed for better economic times. . Council member Milbrandt suggested that in the spirit of cooperation on future venues the City may be cooperating with the school district that an amount of $5,000 be given in 2003, and $10,000 be incorporated in the 2004 budget. Council member Junker commended the group on their dedication to this project. He stated the city's core value is the children of the City. He stated that the City spent $50,000 for play equipment in the Old Athletic Field and he sees that it is always used. Councilmember Kriesel also commended the group. He stated that unfortunately due to budget issues which includes the possibility of foregoing the hiring of police officers, the closing of the library on Sundays, and asking employees to take voluntary leave without pay he would not favor this expenditure. He also stated that the first responsibility should be to all the residents of the community and then to other entities. Mayor Kimble commended the group for their efforts. He stated that he wished all requests would come before the Council that would ask only $0.50 on the dollar. Motion by Councilmember Milbrandt, seconded by Councilmember Junker to provide financial support in the amount of $5,000 be given in 2003, and $10,000 be incorporated inthe2004 budget. . Ayes: Councilmembers Milbrandt, Junker, and Mayor Kimble Nays: Councilmember Kriesel and Rheinberger OPEN FORUM Mayor Kimble apologized to the Planning Commission for remarks stated at a previous meeting. He stated that the Planning Commission is invaluable to the City. CONSENT AGENDA Motion by Council member Rheinberger, seconded by Councilmember Junker to approve the Consent Agenda. All in favor. Ayes: Council members Kriesel, Milbrandt, Rheinberger, Junker, and Mayor Kimble Nays: None Resolution 2003-120, directing payment of bills Resolution 2003-121, approval of Change Order #1 for 2002 sidewalk project (available on Tuesday) Resolution 2003-123, approving Minnesota premises permit for gambling for K of C Council 1632, 1910 South Greeley Street, Stillwater, MN. Resolution 2003-124, approving Minnesota premises permit for gambling for Stillwater . lodge #179 BPOE, 1905 South Greeley Street, Stillwater, MN. Page 6 of 19 . . . City Council Meeting - 03-12 June 3, 2003 UNFINISHED BUSINESS Environmental Assessment Worksheet Comments for Territorial Prison Community Development Director Russell reviewed the Environmental Assessment Worksheet comments for the Territorial Prison (Terra Springs). He stated that the adoption of the Record of Decision and negative declaration means that an Environmental Impact Statement will not be required. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2003-128, a resolution ordering a negative declaration on the Terra Springs Planned Unit Development Environmental Assessment Worksheet. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker, and Mayor Kimble Nays: None PUBLIC HEARINGS Case No. ZAM/03-02. This is the date and time for a oublic hearina to consider a reauest from Jeff and Gina Melstrom and Tim and Jodi Larson for a Zonina Mao Amendment to rezone a 50' .-, --.. ~. X 230' foot lot from RA Sinale Familv Residential District to RB. Two Familv Residential District located at 1508 West Olive Street. Community Development Director Russell reviewed the request by Jeff and Gina Melstrom and Tim and Jodi Larson for a Zoning Map Amendment to rezone a 50' x 230' foot lot. He stated that the Planning Commission reviewed this request and the vote was 4-4. He stated that surrounding properties are single family residential (RA). City Attorney Magnuson stated that approval would require a 4/5 vote. Mayor Kimble stated that this is a "spot zone" issue and asked if it would be wise to move the RB District west. Mr. Russell stated that this would be a separate issue and would require further study to consider the impacts on the area. He stated that it would require a separate public hearing and Council to direct the Planning Commission to look at a broader area for the zoning amendment. Council member Milbrandt asked how many spot zoning requests are requested in a year. Mr. Russell stated that in 17 years Stillwater has never approved one, and in 30 years as a planner he has never recommended approval of a spot zoning request. Council member Kriesel asked how long it would take to complete the study. Page 7 of 19 City Council Meeting - 03-12 June 3, 2003 Mr. Russell stated that the recent study in the area of Orleans did not take long because it was quite obvious that the zoning should be changed. He stated that this case is not as straight forward and would probably take 2-3 months to get a recommendation bad. to Council. Mayor Kimble stated that the City might have not approved spot zoning however there are properties that received variances that might be creating the same effect as if they were spot zoned. Mr. Russell said that he only knows of two properties that received this type of variance that were granted in the last 17 years. Mayor Kimble opened the public hearing. Mr. Jeff Melstrom, 1508 W. Olive, provided a.letter of support from his neighbors, Joe and Jennifer Lock, 1402 W. Ramsey. Mr. Melstrom stated that most neighbors approve of this request. He stated that if this street were a busy street he would not have this request before Council. Gail Bush, Crown Realty, stated that there are other lots in this area that are less than 10,000 square feet and hoped that Council would be open to a variance. She stated tha.t they have a builder for the property who wants to build a single-family home on the property. She also stated that the home would enhance the neighborhood. Mayor Kimble closed the public hearing. . Council member Rheinberger stated that he was in favor of the zoning amendment. He stated that there should be an exception to policy and that there is a clear-cut need. He stated that it would bring a final anchor to Ramsey Street. Motion by Councilmember Rheinberger, seconded by Council member Kriesel to approve the first reading to rezone a 50' x 230' foot lot from RA, Single Family Residential District to RB, Two Family Residential District located at 1508 West Olive Street. Council member Rheinberger also stated that he does not see it as setting precedent, it is a case-by-case request. Councilmember Kriesel stated he is concerned with the spot zoning issue and would like to know if it would be more feasible to make it contiguous to the proper zoning rather than spot zone. Mayor Kimble asked if it was possible to grant a variance rather than to spot zone the property. He stated that there is not going to be a duplex on the property but rather this deals with lot size. City Attorney Magnuson stated that a use variance is prohibited and that this case doe. Page 8 of 19 . . . City Council Meeting - 03-12 June 3, 2003 not fit for the findings that would have to be made for a variance. He stated that if Council wishes to accommodate the request a rezoning should be done. Councilmember Milbrandt stated he did not want to put this Councilor future Councils in the spot zoning dilemma and believes what Mr. Melstrom is trying to do would enhance the neighborhood; however spot zoning is a slippery slope. He stated that he would consider it if it was studied in the same manner as the Orleans area that was before Council. He also stated if spot zoning is allowed that it would put the Planning Commission is a bad position because there many lots such as this in the City. Council member Junker concurred with Councilmember Milbrandt. Motion by Council member Rheinberger, seconded by Councilmember Kriesel to withdraw the motion. Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to table the request and direct the Planning Commission to review the request along with a broader residential area study. All in favor. Case No. SUB/03-36. This is the date and time for a Dublic hearina to consider a reauest from Jeff and Gina Melstrom for the subdivision of a 50' x 230' Darcel to create a new Darcel of 7.500 sauare feet located at 1502 and 1508 West Olive Street in the RA. Sinale Familv . - - - Residential District. Mayor Kimble stated that this case is related to the previous case. Mayor opened the public hearing. Mayor Kimble closed the public hearing. Motion by Councilmember Kriesel, seconded by Councilmember Rheinberger to table the hearing until the Planning Commission provides information on the Zoning Map Amendment relating to ZAM/03-02. All in favor. Mayor Kimble recessed the meeting at 8:20 p.m. Mayor Kimble reconvened the meeting at 8:30 p.m. Case No. V/03-38. This is the date and time for a Dublic hearina to consider an aDDeal of the Plannina Commission's decision on a reauest from Billv J. Elliot for a variance to the front vard setbacks (corner lot) (30 feet reauired. 9' 7" and 19' 4" reauested) for the construction of a roof deck located at 1010 4th Street North in the RB. Two Familv Residential District. Community Development Director Russell reviewed the request from Billy J. Elliot for a variance to the front yard setbacks (corner lot) (30 feet required, 9' 7" and 19' 4" requested) for the construction of a roof deck located at 1010 4th Street North. He stated that the Planning Commission reviewed this request and there were concerns for neighborhood privacy and small lot size for the amount of the building and Page 9 of 19 City Council Meeting - 03-12 June 3, 2003 recommended denial. He also stated that anything added to this home would require a variance. Mayor Kimble opened the public hearing. Mr. Billy Elliott, 1010 4th Street North, provided the Council with a petition of support from his immediate neighbors and photos with various views of the home. He stated that he could move the shed to the back of the home. He stated that the roof deck would not be outside the square of the home. He also stated that trees surround the area and are in full bloom. . Mayor Kimble closed the public hearing. Council member Rheinberger stated he is in favor of the request as long as the neighbors approved, believed that the intrusion on the public would be small and adds a new dimension to the area. Councilmember Kriesel stated his concern is even though Mr. Elliott has approvalfrom existing neighbors, it is future neighbors, their privacy issues, and the adding to the home in relation to the neighborhood. Councilmember Rheinberger stated that future property owners would know about the roof deck moving in. He stated that anything done to this property would require a variance. Mr. Elliott stated that he has been granted an easement to accommodate what is presently there. . Mayor Kimble asked if the stairway is outside the building envelope and would add to the impervious surface. Mr. Russell stated that was correct. He stated that the Planning Commission concerns were privacy and what could be accommodated on a lot of this size. Councilmember Milbrandt asked Fire Chief Kallestadif he had any issues relating to access. Fire Chief Kallestad stated he didn't believe so, but he did not review this item as it relates to fire codes. He stated that as a single family residence there are no laws against having a barbeque grill on a deck. Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to approve the variance to the front yard setbacks (corner lot) (30 feet required, 9' 7" and 19' 4" requested) for the construction of a roof deck located at 1010 4th Street North in the RB, Two Family Residential District Ayes: Councilmembers Milbrandt, Rheinberger and Junker Nays: C ouncilmember Kriesel and Mayor Kimble . Page 10 of 19 City Council Meeting - 03-12 June 3,2003 . Case No. V/03-41. This is the date and time for a Dublic hearina to consider an appeal of the Plannina Commission's decision on a reauest from David and Jeanne Kensler for a variance to the rear vard setback (5 feet reauired. 3' 1" reauested) for construction of a two car aaraae with storaae above located at 1323 2nd Street South in the RB. Two Familv Residential District. Community Development Director Russell reviewed the request for appeal by David and Jeanne Kensler for a variance to the rear yard setback (5 feet required, 3' 1" requested) for construction of a two car garage with storage above located at 1323 2nd Street South. He stated that the Planning Commission voted 4-4 on this issue. He also stated that a neighbor to the rear of the proposed garage felt the variance would adversely affect air, light and the attractiveness of their property. . Mayor Kimble opened the public hearing. Mr. Jeanne Kensler, 1323 2nd Street N., stated that they felt compelled to appeal the decision made on May 12, 2003 because it appears they were denied approval of the variance due to the height of the building, which they are in compliance with. She stated that in addition, they felt compelled to appeal because the decision to deny their request presents a permanent hardship, given the difficulty of maneuvering vehicles in and out of our planned garage with limited space. She stated that their new garage will be six feet wider and eight feet taller than the current garage and that the variance was requested in an effort to allow easier access to our new garage. She stated that the height of our planned garage is not of issue, but rather, the issue is the distance between our new garage and our neighbor's lot. Ms. Kensler stated that it is their understanding that our neighbor is concerned about the potential loss of afternoon sunlight, as our new garage will be taller than the current one. She stated that in respect for their neighbor, it is understandable that a new building presents a possible difficult change, however, since the height of the garage cannot and should not be of issue, it is confusing why building at 3'1 "from the property line is. She stated that it would seem likely that the difference of two feet would be minimal in respect to the amount of afternoon sun loss. She stated that the view of our garage from our neighbor's property will be on the northwest side of their lot and since the pool is located in the center and southwest portion of their backyard, loss of sunlight to their pool area should be minimal. She also stated that in regard to drainage, when our neighbor's pool was put-in their backyard was built-up. She stated that their backyard is flat and our new garage will have gutters, which all water will remain on site. She stated that the only view from the inside of our neighbor's house to the backyard is from one upstairs window. Ms. Kensler stated that they understand their neighbor's concems; however, they believe the difference of two feet has a far greater impact on our daily garage use than the impact on their neighbor's summer use of their pool area and backyard and requested approval of the variance. . Ms. Coni Leonard, 13232 S. First Street stated that they feel strongly that the reason why municipalities have zoning laws is to protect the value and personal enjoyment of Page 11 of 19 City Council Meeting - 03-12 June 3, 2003 all property owners and since we are the neighbors directly affected by this variance we feel a need to restate our position. She stated that as a property owner they enjoy their backyard. She stated that they have looked at other larger garages that been built in the neighborhood over the last few years, and while they may look very attractive from the front, the structures are very imposing on their neighbor's backyard. Ms. Leonard stated that the previous owners. might have built up the backyard when the pool was installed over twenty years ago, the fill has settled and all water in this area eventually drains down hill towards the river. She stated that even if rain gutters are installed on the neighbors' new garage, the proposed structure has a steep roof that will create rapid run off in heavy rains, and there is no way they can guarantee thatwe will not have run off on their property. She stated if the base of the garage is to sit 37" from our fence, and it appears that the overhang on the garage is 1 0 to 12 inches, the drainage of the gutter would be just two feet from their fence. She stated that an existing smaller garage, sits 5 feet south of the proposed structure, and the run off from these two garages certainly is not going to drain uphill to Second Street. She stated that in many ways it seems trivial to have this dispute over two feet, but they deem it places no more "hardship" on their neighbors to abide by the zoning ordinances. than it does for them to have the variance granted. She questioned whether the proposed structure is too large for the lot, in addition to the 6 feet wider, and 8 feet higher, it will be four feet deeper, which again makes them question potential drainage issues. Ms. Leonard stated that Mr. and Mrs. Kensler are basing their "hardship" argument on the fact that their house will be situated to close to the new structure, and this coupled with the "existing tree, fence, and wall" in their back yard, will not provide them . adequate room to access the north-parking stall. She stated that there is 25 feet between the new structure and the house, which should allow ample room in their backyard to create additional access to the north-parking stall of the new garage. She stated that the existing chain-link fence could easily be moved to accommodate a wider driveway in front of the new garage, if desired. She stated that the wall and the tree do not appear to interfere with the proposed structure; therefore, they do not agree this is a bona fide hardship. She requested that the City Council not approve the variance. Ms. Diana Ensign, 1317 2nd Street S., stated she shares a driveway with the Kensler's and supports their request for the variance. She stated that they have had trouble negotiating the driveway the way it stands right now. She stated that it is a tight situation so bringing the garage back would improve the situation. She requested that Council support the variance. Mr. John Kern, 5469 Stillwater Boulevard N. stated he owns the property behind 1317 2nd Street S and that his property is lower than the three adjourning properties. He stated that he gets everyone's water. He stated that he sees a potential problem with additional runoff. He stated that he would have to figure out how to reroute the water. Mayor Kimble closed the public hearing. . Page 12 of 19 . . . City Council Meeting - 03-12 June 3,2003 Council member Rheinberger stated that he favored the variance because anything less than a two-car garage today is a hardship, there are also safety concerns. Council member Kriesel stated he would be against the appeal and it should not provide a hardship on the residents on 1 st Street. He stated that he does not see the hardship of the applicants by moving the garage within the property and not having a variance. He stated that there will be more water runoff. Council member Junker stated that the Planning Commission felt the same way. He stated that they felt there was not a hardship and the garage did not warrant a variance because it could be placed 23 inches onto their property. Council member Milbrandt concurred with Councilmembers Kriesel and Junker. He stated he was concerned with the additional water runoff and the affect to the adjacent property owners. Motion by Councilmember Rheinberger, seconded by CouncilmemberKriesel to approve the variance to the rear yard setback (5 feet required, 3' 1" requested) for construction of a two-car garage with storage above located at 1323 2nd Street South. Ayes: Councilmember Rheinberger Nays: C ouncilmembers Kriesel, Milbrandt, Junker, and Mayor Kimble Case No. PUD/03-48. This is the date and time for a oublic hearina to consider a reauest from . --... - - St. Croix Develooment for a Final Planned Unit Develooment. Lona Lake Estates Phase II. for 14 townhomes (three buildinas) 10cateQ ('In Parkwood Lane in TH. Townhouse Residential District. Community Development Director Russell reviewed the final planned unit development request from St. Croix Development formerly owned by Tim Nolde. He stated that the Heritage Preservation and Planning Commission have recommended approval. He also stated that there 16 conditions of approval. Mayor Kimble opened the public hearing. Mr. Mark Dawson, 8t. Croix Development reviewed the proposed final PUD and the construction of the project. Council member Rheinberger asked if Mr. Greg Wind's concern regarding his driveway has been resolved. Mr. Dawson stated that Tim Nolde has dedicated Outlot A on the plat to address Mr. Wind's concerns. He stated that either the outlot or an easement would be deeded or whatever is necessary to provide Mr. Wind the access he needs. Mr. Greg Wind, 6322 Stillwater Boulevard, stated that he does not want his driveway moved and he wants where his driveway is now deeded to him. He stated that neither Mr. Nolde nor Mr. Dawson has talked to his attorney so nothing is different from the Page 13 of 19 City Council Meeting - 03-12 June 3, 2003 January 8, 2003 meeting regarding this issue. He requested that this issue should be tabled until this matter is taken care of. Mr. Dawson stated that they have purchased the property from Mr. Nolde. He stated . that he received a telephone call from Mr. Wind's attorney and that he advised the attorney that an Outlot has been created to address Mr. Wind's concern and the attorney asked if it would be deeded to Mr. Wind and I told the attorney that whatever is necessary would be done because it does not affect what will be done with the property. He stated that the outlot encompasses Mr.Wind's entire driveway so it satisfies Mr. Wind's adverse possession claim. Mayor Kimble asked if that means Mr. Wind does not have to move his driveway. Mr. Dawson stated that was correct. Mr. Wind stated that the plat depicts his driveway however some of the boundary points are 18 inches into the driveway so the boundary points need to go at least 6 feet north. He stated that he talked to his attorney today and he stated that nothing has been resolved. City Attorney Magnuson stated that Council could continue the condition of approval that there has to be a conveyance of a driveway easement to Mr. Wind. Mayor Kimble closed the public hearing. City Magnuson stated that in addition to the other conditions the condition of a drivewa~ easement being granted to Mr. Wind, if there are any assessments (AUAR) they must be paid and a developer's agreement should be done with the current owner. Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adopt Resolution 2003-129, approving Final Planned Unit Development, Long Lake Estates Phase II, for 14 townhomes (three buildings) located on Parkwood Lane in TH, Townhouse Residential District with conditions of the HPC 12 conditions of approval; the details of the fence design and landscaping visually separating the bank use from the residential development shall be approved by the Community Development Director; Norway Pine is not acceptable screening between bank lot and residences; grass areas shall be sodded, that a driveway easement must be provided to Mr. Wind, any assessments (AUAR) they must be paid and a developer's agreement should be done with the current owner. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker, and Mayor Kimble Nays: None Case No. PUD/03-27. This is the date ~nd tim~ for a oublic hearinato consider a reauest from Terra Sorinas. LLC. for a Planned Uni~l)~v~IQ[)m~nt for 226 housina units. 15.000 - 20,000 sauare feet of retail/office soace. 340 ~m(i~r <;JrQund oarkina soaces. landscaoed archeoloaical areen. oerimeter trail and interoretatiQn ~r~~ IQ<;ated at 608 North Main Street in the CBD\ Central Business District. . Page 14 of 19 . . . City Council Meeting - 03-12 June 3, 2003 Community Development Director Russell stated that this case has been before the Planning Commission and Heritage Preservation Commission and they recommended the concept PUD approval. He stated that details will have to be worked out and all of the building and site improvements will go through design review with the Heritage Preservation and Planning Commissions. He stated that the first phase would include the buildings of 1, 2 and 4 and later phase would be 3 and 5. He stated that one issue is building height. He stated that Building 1 would be 45 feet, Building 2 would be as high as 60 feet, Building 3 would be as high as 65 feet, Building 4 would be 45 feet and Building 5, closest to the street, would be four stories, 50 feet conforming to the Central Business District regulations. City Administrator Hansen asked if Building 3 was brought down to 6 stories and 65 feet instead of the proposed to be 8 stories and 90 feet. Community Development Director Russell stated that was correct. Mayor Kimble opened the public hearing. Mr. Brian Sweeny of Frauenshuh Sweeney provided an update on the progress for Terra Springs. He stated that they anticipate construction to begin in July. Mr. Jack Buxell, architect for Terra Springs, gave an overview ofthe concept planned unit development. He also presented elevation drawings showing the bluff and wall lines as it relates to the buildings. Councilmember Rheinberger asked what the value of the projectwould be at completion. Mr. Sweeny stated that the value would be approximately $45M. Council member Kriesel asked what is going to happen with the existing Battle Hallow monument. Mr. Buxell stated the proposal is to move it opposite the courtyard and it would be a part of the interpretive trail in the development. Ms. Suki Thompson, 913 N Broadway, stated that the main concern of the neighbors is the height of the buildings. She stated that the buildings should be nestled into the site and not overpowering the site. She also stated that she would like to see the maximum height of the buildings to be 60 feet. Mr. Doug Thorsen, 210 Laurel Street, stated he is concerned with the height of the wall and that it appears the structures rise above the wall and what the impact will be to his property. He stated that the project would be visible from his property. He stated that he is also concerned with the safety of the wall and erosion issue as it relates to the property. Page 15 of 19 City Council Meeting - 03-12 June 3,2003 Ms. Paulette Lappi, stated she is concerned with the height of the proposed buildings. She stated that Building 5 will be higher than the perceived bluff and asked Council to keep the building heights in mind when the review of the building. are addressed by Council. Ms. Christina Michaud, 904 1st Street N, stated that the towers are notfunctional, was wondering if they are necessary, and wanted to know where the utilities will be located on the roof. Mr. Buxell stated that no mechanicals will be viewed from the above properties. He stated that if there were mechanicals on the roof they would be integrated in the roof and would not be seen. Mr. Larry Lappi, asked for the elevation of North 2nd Street versus the elevation of the building. He also asked for the elevation of the corner of 1st Street and Elm. Mr. Buxell stated that the lowest elevation of Main Street is 692; the elevation of the back of the site 720, the elevation of 2nd Street at the lowest point is 800. He stated that the corner of Elm Street where it turns is 770. Mayor Kimble closed the public hearing. Councilmember Kriesel asked what the elevation of the towers is. Mr. Buxell stated that that the top of the tower on Building 1 is 50 feet. . Motion by Councilmember Rheinberger, seconded by Council member Junker to adopt Resolution 2003-130, approving the concept of a Planned Unit Development for 226 housing units, 15,000 - 20,000 square feet of retail/office space, 340 under ground parking spaces, landscaped archeological green, perimeter trail and interpretation area located at 608 North Main Street in the CBD, Central Business District, Terra Springs. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker, and Mayor Kimble Nays: None UNFINISHED BUSINESS (Continued) Second readina of an ordinance for Zonino Ordinance Mao Amendment for orooerties located ., - - - at the corner of Orleans Street and Greelev Street from RA. Sinale Familv Residential to RB. Duplex Residential. Multifamilv Medium Densitv. RCM Motion by Council member Rheinberger, seconded by Councilmember Junker to adopt Ordinance 937, an ordinance amending the City Code by Changing the Zoning Map. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinber d Mayor Kimble . Nays: None Page 160f 19 . . . City Council Meeting - 03-12 June 3, 2003 Receivina of bids and awardina contract for 2003 seal coat proiect Public Works Director Eckles reviewed the bids received for the 2003 seal coat project. He stated that the engineer's estimate was $100,000 and that the low bid was $82,607.50. He stated that the cities of Baytown and West Lakeland were part of the bid, which will be separately billed to each community. Motion by Councilmember Milbrandt, seconded by Councilmember Rheinberger to adopt Resolution 2003-131, accepting bid and awarding contract for 2003 Street Sealcoat Project. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker, and Mayor Kimble Nays: None Adoption of findinas relatina to Case No~ V/03-31 for a variance to the front vard setback (30 feet reauired. 12 feet reauested) and bluff setback (100 feet reauired. 81 feet reauested) for construction of a sinale familv residence in the RB. Duolex Residential District and Bluffland/Shoreland Overlav District at 122 Lakeside Drive. Matthew McGuire and Andrea Saterbak City Attorney Magnuson reviewed the findings of fact and conclusions and order relating to the approval of the variance to the front yard setback (30 feet required, 12 feet requested) and bluff setback (100 feet required, 81 feet requested) for construction of a single family residence in the RB, Duplex Residential District and Bluffland/Shoreland Overlay District at 122 Lakeside Drive. Motion by Council member Rheinberger, seconded by Council member Kriesel to adopt Resolution 2003-132, adopting the findings of fact and conclusions and order relating to Case No. V/03-31. All in favor. ' Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker, and Mayor Kimble Nays: None NEW BUSINESS Reauest for outside sianaae at 912 West Churchill Street - River Town Restoration Mayor Kimble reviewed the request from River Town Restoration for the placement of a sign as part of their restoration and fundraising for 912 West Churchill Street. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt approving the placement of the 3' X 4' sign for no longer than 6 months at 912 West Churchill Street. All in favor. Possible approval of resolution to participate in Hazard Mitiaation Plannina Process Police Chief Dauffenbach stated that starting November 1, 2004 FEMA would require Page 17 of 19 City Council Meeting - 03-12 June 3, 2003 that all communities have a mitigation process in place before receiving funds under the Hazard Mitigation Grant Program. He stated that Washington County would be doing. county level plan that will be multi-jurisdictional, including all cities and townships in Washington County. He stated that a resolution is needed to participate in the County's plan. Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adopt Resolution 2003-133, resolution to participate in a Hazard Mitigation Planning Process. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker, and Mayor Kimble Nays: None STAFF REPORTS (continued) Budoet Information continued City Administrator Hansen stated that every year the City bonds for approximately $1,300,000 for our capital purchases that is done outside of levy limits. He stated that it would be a circumvention of the law to purposefully bond for more than we plan to spend, however the statutes do allow the council to change its mind and past bonding can be used for any other public purpose authorized by law. He stated that Council could, by resolution, not purchase something and use the money in the general fund. Council consensus that it could be done on a case-by-case basis. . Mr. Hansen stated that Director of Administration Knauss and he have been exploring a leave without pay program to help save funds. He stated that the programwould be voluntary, but employees would have to sign up in advance in order for it to help budget wise. He also stated that a goal of one voluntary unpaid day off per month may be affordable. With 100% cooperation this has the potential of saving approximately $80,000 for 2003 and 160,000 in 2004 Mr. Hansen requested a special meeting at 4:30 p.m., Tuesday, June 17,2003 to discuss budget solutions. Councilmember Kriesel commended staff in their help with the budget problems. Motion by CouncilmemberRheinberger, seconded byCouncilmember Kriesel approving a special meeting for budget solutions at 4:30 p.m., Tuesday, June 17,2003. Public Works Director Eckles stated that he would be attending the Browns Creek Watershed District board meeting to discuss the development of Oak Park Heights regarding its impact on Stillwater and the possibility of including Oak Park Heights in the Stillwater AUAR. Councilmember Kriesel stated that he would be attending that meeting as well. . Page 18 of 19 City Council Meeting - 03-12 June 3, 2003 Public Works Director Eckles requested that Council approve park improvements for various parks in Stillwater. He stated that these capital improvements were approved in . the budget. Motion by Council member Kriesel, seconded by Councilmember Junker authorizing the capital improvement expenditures for parks for $190,000. All in favor. Mayor Kimble informed Council that the Mayor of Jinja, Stillwater's Sister City, would be here for the next meeting. ADJOURNMENT Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to adjourn the meeting at 10:04 p.m. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . Resolution 2003-120, directing payment of bills Resolution 2003-121, approval of Change Order #1 for 2002 sidewalk project Resolution 2003-123, approving Minnesota premises permit for gambling for K of C Council 1632, 1910 South Greeley Street, Stillwater, MN. Resolution 2003-124, approving Minnesota premises permit for gambling for Stillwater Lodge #179 BPOE, 1905 South Greeley Street, Stillwater, MN. Resolution 2003-125, Fees for Services 2003 Resolution 2003-126, authorizing development charges for seal coating Resolution 2003-127, authorizing expenditure for playground equipment for Oak Park Elementary School. Resolution 2003-128, a resolution ordering a negative declaration on the Terra Springs Planned Unit Development Environmental Assessment Worksheet Resolution 2003-129, approving Final Planned Unit Development, Long Lake Estates Phase II, for 14 townhomes (three buildings) located on Parkwood Lane in TH, Townhouse Residential District Resolution 2003-130, approving the concept of a Planned Unit Development for 226 housing units, 15,000 - 20,000 square feet of retail/office space, 340 under ground parking spaces, landscaped archeological green, perimeter trail and interpretation area located at 608 North Main Street in the CBD, Central Business District, Resolution 2003-131, accepting bid and awarding contract for 2003 Street Sealcoat Project. Resolution 2003-132, adopting the findings of fact and conclusions and order relating to Case No. V/03-31 Resolution 2003-133, resolution to participate in a Hazard Mitigation Planning Process Resolution 2003-134, certificate of appreciation to Earl Plattner Ordinance No. 937, an ordinance amending the City Code by Changing the Zoning Map . Page 19 of 19 . . . CITY OF STILLWATER CITY COUNCIL MEETING NO. 02-13 June 17,2003 SPECIAL MEETING 4:30 P.M. Mayor Kimble called the meeting to order at 4:30 p.m. Present: Absent: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Others Present: City Administrator Hansen City Attorney Magnuson Director of Administration Knauss Public Works Director Eckles City Clerk Ward OTHER BUSINESS Discussion on Budaet Solutions City Administrator Hansen stated that at the last council meeting, council allowed staff to pursue various means of resolving our current budget crisis, including the possibility of initiating franchise fees for electric and gas. He stated that on Monday, June 17, 2003, he and Dave Magnuson met with representatives of Xcel Energy to discuss franchise fees. He stated that the meeting was very amicable and they provided information regarding what a certain level of fees would generate in dollars and that Xcel had certain requests of their own, such as extending the franchise and release of bond requirements should the franchises be amended. Mr. Hansen stated that the electric and gas franchises are two separate franchises. He stated that state law allows for the electric franchise fee and a provision for up to a 5% fee is already provided for in the current franchise agreement. He stated that the representatives from Xcel recognize the City's ability to impose the fee, but are fearful that a 5% amount may cause a backlash with customers for both the City and Xcel. He stated that Xcel will be very cooperative on any franchise fee request for 3% or less, but would be compelled to address customer concerns at the 5% level. Mr. Hansen stated that the fees that could be generated are as follows: 1 % fee 3% fee 5% fee $95,299 per year $285,896 per year $476,495 per year 2003 (5months) $39,708 $119,123 $198,540 City Council Meeting - 03-13 June 17, 2003 He stated that there would be very little cost in initiating this fee, as the billing would be done by Xcel and the fees simply paid to the City on a quarterly basis. He A recommended a 3% fee because the cooperation of Xcel in initiating the program coula-" prove instrumental to its success or failure. He stated that a total of 20 Minnesota cities charge a franchise fee for Xcel electric with more requests expected. Mr. Hansen stated that Xcel is much more sensitive to a franchise fee for gas because this is based on a.perception regarding fixed income individuals and winter heating bills etc. He stated that Xcel is also concerned with a prediction for higher gas prices this winter and representatives have suggested that a 1 % franchise fee would be workable. He stated that as an alternative Xcel suggests $1 fee per month residential, $5 per month commercial charge for meters because it might be more acceptable to the public and would offer customers protectionfrom gas price increases. 1 % fee $82,254 per year (at current price) $1/$5 meter charge $98,824 per year Mr. Hansen stated that the amount generated would be as follows: 2003 (5 months) $34,272 $41 ,177 Mr. Hansen recommended the charge for meters. He urged council consideration in initiating these franchise fee proposals. He stated that the money is not free and that the City is in essence shifting some former property tax dollars to a new form of taxation. He also stated that if the City continues to addre. the budget shortfall only through service cuts, and not increased revenue, the City would soon reach an unacceptable service level for our citizens. He stated that the City is controlling spending by having absorbed $750,000 in reductions last year and another $425,000 in 2003. He also stated that increasing revenue would be even more important when it comes to the 2004 budget, as the City's promised LGA amount will likely be reduced further. Council member Junker asked if the residents would see this charge on their bill. City Administrator Hansen stated that it would be a separate line item on their electric and gas bill. Councilmember Rheinberger stated that the elections sent a message of no new taxes and all this is the charging of a fee rather than a new tax. He stated that there should be a hard and public debate on this issue. He stated that it is just a matter of shifting some former property tax dollars to a new form of taxation and he could not support that taxation. He suggested that the funding of the library be cut because it is not self sustainable. Council member Milbrandt stated he would like revitalizing the prospect of a liquor tax, sales tax, or hotel tax to pay for some of the shortfall. He stated he does not like the idea that only the residents should bare the cost of the shortfall where 20% minimum . Page 2 of 12 City Council Meeting - 03-13 June 17, 2003 . are for services for people who visit Stillwater who pay nothing. He asked if this could be discontinued if another revenue source becomes available. City Administrator Hansen stated that it could be discontinued. He stated that in order to get a sales tax it would have to go to the legislature and the Gity would not benefit from that until 2005. Council member Kriesel concurred with Council member Milbrandt regarding the residents receiving the full impact of this and supports looking for other revenue sources that would affect the tourists more than residents. Mayor Kimble stated that there have been reductions on homes within thecol11munity because new developments occurred in Stillwater. He stated that because of the levy limits the City is unable to capture the tax benefit, which means the additional developments reduce taxes. He also stated that because of legislative controls, cities have to find other revenues to sustain staff, police officers, and office hours. Council member Milbrandt stated he also would like to hear about the street lighting district and address this issue as part of the budget package rather than separately. Mayor Kimble moved the item regarding Street Lighting District from the 7:00 agenda to be considered as part of the budget package. . City Administrator Hansen recommended that the fire department fees be dispensed at this time. Council member Kriesel would like to see the fireworks permit addressed for 2004. Public Works Director Eckles stated that City staff has examined how a lighting system would work and also looked at potential revenue generation and that the option of a street lighting utility makes sense in that everybody in the City benefits from street lights and traffic signals. Even residents that have little or no city street lighting use the city street system and benefit from the safety provided by streetlights and traffic signals. He stated that since the City of Stillwater already has several utility funds and everybody receives a quarterly city utility bill, addition of a street lighting utility would be straightforward. Mr. Eckles stated that in setting the rates for a street lighting utility, Council would need to take into account the street light systems and the type of users. He stated that similar to the storm water utility, rates could be based on a per unit basis for residential and a per acre basis for commercial, institutional, golf course and open space with each of these categories having a different rate. He stated that commercial could be broken down into normal commercial and special district commercial. He stated that the special district commercial would consist of properties in the downtown district that benefit from the extensive lighting there as well as the marketplace area that has it's own street light system. . Page 3 of 12 City Council Meeting - 03-13 June 17, 2003 He stated that the current budget for street lighting and traffic signals is $215,000, which includes $170,000 for electricity. He also stated that there is some general engineerin. and public works staff dedicated to managing the City's current system. He stated that if the City set up a street lighting utility, it would also be beneficial to accumulate some capital for street lighting project upgrades. He stated that the proposed commercial special district has lighting that will need to be reconstructed as it wears out and that rather than assessing these costs, they could be charged to the street lighting utility which would justify the higher quarterly charges to the commercial special district. He stated that if the City wishes to capture enough revenue to cover all of the signs and lighting budget as well as cover staff time associated with lighting and the capital improvements, annual revenue of about $300,000 appears to be an appropriate target. He stated that staff has done some very rough calculations to determine approximately how much would be charged for the various user groups to achieve a $300,000 revenue. He explained a rate schedule for the following information to achieve this level of funding. He stated that using this formula each residential unit would pay about $32 a year which would raise about $200,000 and the commercial properties would pay based on the size of their property, the minimum being an % acre unit which would yield $140-400 per year for the smallest commercial property. He stated that all categories excluding residential would generate roughly $100,000 a year. He stated that the high rates for institutional and commercial are justified because these areas serve as major destinations for large numbers of pedestrians and vehicular traffic. He also stated that. lighting systems tend to be centered around commercial areas or at corners where commercial properties are located. He stated that golf course property has a fairly low rate but the two golf courses own significant property but that these rates also appear justified in that golf courses generate significant traffic. Council member Milbrandt and Kriesel felt that some of the rates would need to be adjusted. He also asked if the franchise fee and street lighting charge could be terminated. City Attorney Magnuson stated that if Council felt the City had too much money, they could lower taxes or the Council could terminate any charges. Councilmember Rheinberger said again that whether it is a franchise fee or a street lighting charge it is still another tax to the residents. He stated because this is just shifting some former property tax dollars to a new form of taxation; he could not support this taxation. He stated there needs to be efficiencies and the City will have to live within what the State gives us. He stated that core services need to be defined. He stated he could see the district being used in the commercial areas but street lighting in residential is an expected core service which property tax should pay for. Public Works Director Eckles stated that staff would be able to put other options together for the next meeting. He also stated that this money would be designated just. Page 4 of 12 . . . City Council Meeting - 03-13 June 17, 2003 for street light repair and the payment of costs associated with the system. He stated that there would be some setup costs for including the street light charge on the utility bill. Councilmember Kriesel stated that the City is at the point where either core services are cut or we need to raise revenue to keep those services. Councilmember Junker stated that the affect would be $65.00 annually per household. Council member Rheinberger stated he wanted more options, because any way you look it is a tax. He stated that we do not have to follow other cities. Council member Milbrandt stated that Council has an obligation to respond to the citizen's expectation. He stated that the Council has been dealt an issue that forces the Council to be more creative and if this helps keep core services and police officers on the street he was willing to make the decision. Council member Rheinberger stated that this is a shift of money. Council member Junker stated that this is reasonable and workable; it is a reasonable increase to sustain the budget. Motion by Councilmember Milbrandt, seconded by Councilmember Junker to adopt Resolution 2003-138, approving franchise fees for electric and gas, with the amount of 3% for electric and a $1 meter charge for gas. Ayes: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble Nays: Councilmember Rheinberger Motion by Council member Milbrandt, seconded by Council member Junker to adopt Ordinance No. 938, an ordinance emending the Stillwater City Code by adopting Street Lighting Regulations with fees to be determined after more options for rates are presented to Council. Ayes: Nays: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble Councilmember Rheinberger Councilmember Rheinberger requested that the Council discuss the Library funding. Councilmember Kriesel stated that the library is important to the community, that even though he may not agree with the expansion of the library he doesn't feel thaUheCity should close down the library. He suggested that Council hold a workshop with the library to allow Council members to speak on the issue. Motion by Councilmember Kriesel, seconded by Councilmember Rheinberger setting a special meeting on library issues for July 15, 2003 at 4:30 p.m. All in favor. Page 5 of 12 City Council Meeting - 03-13 June 17, 2003 Mayor Kimble recessed the meeting at 5:59 p.m. . REGULAR MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7:00 p.m. Present: Absent: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Others Present: City Administrator Hansen City Attorney Magnuson Community Development Director Russell Assistant Finance Director Harrison Public Works Director Eckles City Clerk Ward APPROVAL OF MINUTES Motion by Council member Rheinberger, seconded by Council member Kriesel to table approval of the June 3, 2003 minutes to the July 1, 2003 meeting. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS . Tom Koop. Larson Allen Weishair and Co.. LLP - Citv Financial Statement Mr. Koop reviewed the City's financial statement. He stated that the City is in good financial shape. He commended the City's finance department and Assistant Finance Director Harrison on their performance in the finance department. David Wakudumira. Mavor of Sister Citv Jinia Mr. David Wakudumira, Mayor of Jinja, provided the Mayor with a token of friendship between the City and the City of Jinja. He provided information on the City of Jinja and invited the Mayor and Council to visit his city. Mayor Kimble recessed the meeting for a reception for Mayor Wakudumira at 7:25 p.m. Mayor Kimble reconvened the meeting at 7:50 p.m. STAFF REPORTS Councilmember Kriesel stated that he is receiving many calls on garage sale signs being removed. . Page 6 of 12 . . . City Council Meeting - 03-13 June 17,2003 Community Development Director stated that they do not go out looking for them, that staff is just enforcing the sign ordinance. Council member Kriesel requested that the sign ordinance be brought to the Council for discussion. Public Works Director Eckles informed the Council thatthe McKusick Ravine project is nearly done and that a "pulling of the plug" for the creek will be done on Friday and asked the Mayor to do the honors. CONSENT AGENDA Motion by Council member Rheinberger, seconded by Councilmember Junker to approve the Consent Agenda. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Resolution 2003 -136, directing payment of bills Approval of gambling permit - Dystrophic Epidermolysis Bullosa Research Association of America, Inc. - Oak Glen County Club Resolution 2003 - 137, approving Labor Agreement between the City of Stillwater and the Stillwater Firefighters Association PUBLIC HEARINGS Case No. SUB-F/03-56. A reauest from Terra Sorinas. LLC.for final olat aooroval for a 7 lot subdivision includina two outlots as follows: Lot 1 Blk 1 - 37.055 sauare feet: Lot 1 Blk 2 - 36.052 sauare feet: Lot 2 Blk 2 - 62.779 sauare feet: Lot 3 Blk 2 - 37.405 sauare feet: Lot 1 Blk 3 - 48.474 sauare feet: Outlot A - 107.559 sauare feet and Outlot B - 116.809 sauare feet located at 608 North Main in the CBD. Central Business District. Community Development Director Russell reviewed the final plat for Terra Springs. Mayor Kimble opened the public hearing. There were no public comments. Mayor Kimble closed the public hearing. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2003-139, approving the final plat approval for 608 North Main in the CBD, Central Business District Page 7 of 12 City Council Meeting - 03-13 June 17, 2003 UNFINISHED BUSINESS . Discussion on proposed Street Liahtina Utilitv fee and oossible 2nd readina on ordinance relatina to street liahtina fees Second reading adopted at 4:30 meeting. NEW BUSINESS Possible appointment to Water Board Mayor Kimble stated that Jim O'Brien's term on the Water Board expires June 30, 2003. He stated that Mr. O'Brien has requested reappointment. Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adopt Resolution 2003-140, appointing Jim O'Brien to the Water Board. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Authorization for preparation of feasibilitv reoort for North Hill nroiect Public Works Director Eckles stated that the City would receive a $1.3M grant for . Browns Creek Improvements, which will be used as funds for costs associated with the North Hill project. He stated that since Council did not order the project within the one- year timeframe by statute the results of the first feasibility hearing are now void. He stated that staff would like to proceed with the improvements for the North Hill by updating the feasibility report, which consists of revising project costs and assessment costs. Council member Rheinberger asked what would be the time frame. Mr. Eckles stated that the feasibility report would be presented to Council in July with a public hearing proposed in August. He stated that maybe some of the trunk utilities could be installed yet this year. Motion by Council member Rheinberger, seconded by Council member Milbrandt to adopt Resolution 2003-141, resolution ordering the preparation of feasibility report for the North Hill project (Project 2000-15). All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None . Page 80f 12 City Council Meeting - 03-13 June 17, 2003 . Possible aooroval of Water Street Parkina Facilitv. Plaza. Flood Wall and Trail Studv Prooosal Community Development Director Russell stated that Council previously authorized staff to obtain a proposal for the Stillwater North Main Street Housinglnfill and Pedestrian Connection Project. He stated that components of the study would examine the railroad trail from Laurel to Nelson, the Main Street Plaza and connection to Lowell park parking and a structure/flood wall as a part of the parking structure. He stated that community participation would be part of the study, which would include design professionals, city committees and commission, downtown business representatives and City residents. He also stated that the plans would be coordinated with the Lowell Park Plan, Levee Project Phase II and plans for the Lofts of Stillwater and Terra Springs. He stated that TIF funds would be used to pay for the study and recommended approval of the proposal from Short, Elliott and Hendrickson in the amount of $50,000. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2003-142, approving proposal from Short, Elliott and Hendrickson for the Water Street Parking Facility, Plaza, Flood Wall and Trail Study. All in favor. . Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None . Aooroval of Quotes for McKusick Ravine stairs and hand railinq Public Works Director Eckles reviewed the quotes for the stairs and hand railing installation as part of the McKusick Ravine project. He recommended that Bailey Construction be used for the construction of the concrete stairs at a cost of $25,500.00 and that Jay Brothers, Inc. be used for the construction of the hand railings at a cost of $12,800. Motion by Council member Rheinberger, seconded by Councilmember Junker to adopt Resolution 2003-143, accepting proposal and awarding contract for the installation of stairs and hand railing for the McKusick Ravine project. All in favor. Ayes: Council members Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible aooroval of Quote for Pedestrian Crosswalk Strioinq Public Works Director Eckles stated that every year the City paints crosswalks in the City. He stated that staff received two quotes and the low bidder is Stripe-A-Lot with a bid of $12,438.78. Council member Milbrandt asked if this company has worked in the city before. . Page 9 of 12 City Council Meeting - 03-13 June 17,2003 Mr. Eckles stated that the company has done work in the City previous years. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2003-144, accepting proposal and awarding contract for pedestrian crosswalk striping. All in favor. . Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Discussion on 2:00 a.m. bar c10sinq Council member Rheinberger stated he is not in favor of the 2:00 a.m. bar closing. Councilmember Kriesel stated he has some concerns in relation to the Police Department and requested that Council table the issue until Chief Dauffenbach is available to respond to Police Department impacts. Motion by Council member Kriesel, seconded by Councilmember Rheinberger to table discussion until the 4:30 meeting on July 1 and directed staff to contact liquor license holders to invite them to the meeting to provide their views on the issue. Reauest for outside sales - Jerrv & Marv Mechelke Mayor Kimble reviewed the request for outside sales of fireworks at the Lumber Baron. CouncilmemberMilbrandt expressed concern on the hours of operation, would rather see it from 8 a.m. to 9:00 p.m. or 10:00 p.m. Motion by Councilmember Junker, seconded by Councilmember Kriesel approving the outside sales of fireworks conditioned upon the hours of operation being 8:00 a.m. to 10:00 p.m. and that no use of parking lots be used for the venture. All in favor. Transfer of Wine with Strona I:)~er lia~JQr Iicen~~ frC)mAmv'sat Brunswick to Jeffrev Mark Dahl. DBA: Chives Mayor Kimble reviewed the request for the transfer of the wine with strong beer liquor license. Motion by Council member Rheinberger, seconded by Council member Kriesel to adopt Resolution 2003-145, approving transfer of wine with strong beer liquor license - Amy's at Brunswick to Jeffrey Mark Dahl, DBA: Chives, conditioned upon the filing of all required documents, approval by Police, Fire, Inspection, Finance and Minnesota Liquor Control. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None . Page 10 of 12 . . . City Council Meeting - 03-13 June 17, 2003 COMMUNICA TIONS/REQUESTS Reouest for variance to noise ordinance - Jessica Lanoe Mayor Kimble reviewed the request for variance to the noise ordinance. Motion by Councilmember Rheiinberger, seconded by Councilmember Junker to approve the variance to the noise ordinance to no later than midnight. All in favor. Letter from Duane Seaouist reoardino Imoervious Surfaces and DisDosal of Water Runoff Council received Mr. Seaquist letter. COUNCIL REQUEST ITEMS Councilmember Kriesel expressed concern at the traffic that was generated by the bike race over the weekend. He also stated that he received complaints regarding people stopping traffic (not police officers) and vendors shutting down businesses. City Administrator Hansen stated that he had received similar complaints and would investigate the traffic issue with Chief Dauffenbach. He also stated that no one from City staff shut down local businesses for a lack of a vendor permit and that some of the complaints related to individuals not associated with the bike race. ADJOURNMENT Motion by Council member Rheinberger, seconded by Council member Kriesel to adjourn the meeting at 8:34 p.m. All in favor. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2003 - 136, directing payment of bills Resolution 2003-137, approving Labor Agreement between the City of Stillwater and the Stillwater Firefighters Association Resolution 2003-138, approving franchise fees for electric and gas Resolution 2003-139, approving the final plat approval for608 North Main in the CBD, Central Business District Resolution 2003-141, resolution ordering the preparation of feasibility report for the North Hill project {Project 2000-15 Page 11 of 12 City Council Meeting - 03-13 June 17,2003 Resolution 2003-142, approving proposal from Short, Elliott and Hendrickson for the Water Street Parking Facility, Plaza, Flood Wall and Trail Study . Resolution 2003-143, accepting proposal and awarding contract for the installation of stairs and hand railing for the McKusick Ravine project Resolution 2003-144, accepting proposal and awarding contract for pedestrian crosswalk striping Resolution 2003...145, approving transfer of wine with strong beer liquor Iicense- Amy's at Brunswick to Jeffrey Mark Dahl, DBA: Chives Ordinance No. 938, an ordinance emending the Stillwater City Code by adopting Street Lighting Regulations . . Page 12 of 12 . . . I..IJ)IIII~ll,Jll(~I, l)llYS 1~I~srJ'IVlll.. llSS()(~Illrl'I()N, IN(~. July 1, 2003 To: Larry Hansen From: Dave Eckberg RE: Lumberjack Days '03 Miscellaneous items- 1) Based on the Andersen Centennial we are planning on decorating Downtown. I would like permission to place a banner on Main Street at the Kolliner building location that would be specifically saluting the July 25 portion of LJD '03 and the Andersen birthday. I would like permission to potentially place Andersen Centennial Flags in the light pole holders in the Downtown area. (We haven't decided to do this for sure yet). 2) I have been working with Tim Moore on the installation of a permanent power system in north Lowell Park. Lumberjack Days will cover all costs of the installation of the system ($28,000) and then donate the system to the City of Stillwater. I know that we may need to move the system when the final plan for that part of the park is executed and agree to cover any costs incurred with that move. With your blessing Greeder Electric will begin the install immediately and the system will be finished prior to LJD '03. The new system will be very similar to the electrical that is in place adjacent to the Freight House. 3) It would be wonderful if somehow the last 300 or so feet of the parking lot adjacent to the tracks could be paved before Lumberjack Days. This would be a tremendous improvement and would dramatically enhance our visitors Downtown Stillwater experience. P.O. Box 21 . Stillwater, MN 55082 . Phone 651/430-2306 Fax 651/430-0553 www.lumberjackdays.com . OftATmON CELEB~4}'"1^, Ot=t,t' .. Q '-r ~.. C if . & ...,.... ~~ ~). ~ ~ ~ ~ ~ ~ ~ ~ ~ \ .:) · III ~ ,. J e . . . LUMBERJACK DAYS '03 TENTATIVE ANCHOR EVENT BLUEPRINT alo 6/05/03 FRIDAY JULY 4 10:00 p.m. "Thunder in the Valley" Fireworks Lowell Park North & South Downtown Stillwater MONDAY JULY 7 7:30 p.m. Drum Beauty Minnesota '03 Stillwater Area High School Stadium Corps Appearing: Blue Stars Racine Scouts Southwind Minnesota Brass Madison Scouts Magic of Orlando Spirit The Cavaliers FRIDAY JULY 18 6:00 p.m. "Sippin Down the S1. Croix" Wine Tasting Cruise La Crosse, Wisconsin Racine, Wisconsin Lexington, Kentucky Twin Cities Madison, Wisconsin Orlando, Florida Jacksonville, Alabama Rosemont, Illinois WEDNESDAY JULY 23 9:00 a.m. Park set-up begins. includes concert, food, beverage, etc. 4:30 - 8 p.m. "Kickoff to Lumberjack Days Washington County Historic Courthouse Amateur Talent Contest, Ice Cream Social, Petting Zoo and more + Treasure Hunt Opens-Clue set #1 released THURSDAY. JULY 24 9:00 a.m. Park set-up continues 3 p.m. Treasure Hunt Opens Clue set # 2 released (if necessary) Clues Available at Warden's House Museum Bridge Demonstration Stadium Schedule 5, 7 & 9 p.m. Lumberjack Show Lumberjack Exhibition . . . 6 & 8 p.m. 5:30 p.m. Local Exhibitions Sponsor and "VIP" Reception Freight House Restaurant By Invitation only 7:00 p.m. Lumberjack Days Music Spectacular Night 1 "Hometown Night" POWER OF TEN CHEAP TRICK Floating Stage Lowell Park FRIDAY. JULY 25 9:00 a.m. Downtown Sidewalk Sales 12 noon Food Vendors & Exhibitors Open Downtown Stillwater 3:00 P.M. Treasure Hunt Opens Clue set # 3 released (if necessary) Clues Available at Warden's House Museum Bridge Demonstration Stadium Schedule 5, 7 & 9 p.m. Lumberjack Show Lumberjack Exhibition 6 & 8 p.m. Local Exhibitions 7:00 p.m. Lumberjack Days '03 Music Spectacular Night 2 KURT JORGENSEN AMERICA Floating Stage Lowell Park Concert End Fireworks Finale "Thunder in the Valley" VII Lowell Park North & South SATURDAY, JULY 26 All Day Lumberjack Days Three on Three Basketball Tournament River Valley Athletic Club Hosted by SCV AP and V AA 7:30 a.m. "Pancakes in the Park" Freight House Restaurant Deck . . . 8:00 a.m. Stillwater's Lumberjack Days '03 10 Mile Run, 5K Walk or Run Ends Lowell Park-South 9:00 a.m. Downtown Sidewalk Sales 10:00 a.m. Food Vendors & Exhibitors Open Downtown Stillwater 10:00 a.m. "Kids Fest" 1/2 K Toddler Trot & One Mile Kids Run 10:30 a.m. 6th Annual Kid's Coin Scramble Treasures Total over $200 Age Groups: 2-4, 5-7, 8-9, 10-12. Lowell Park 11 :00 a.m. Minnesota State Strongman Competition Bridge Demonstration Stadium 12 noon Treasure Hunt Clue set #4 released (if necessary) Clues Available at Warden's House Museum. 12 noon "Bear Stock" "TEDDY BEAR BAND" With Special Guest "Itchy" Lowell Park Bridge Demonstration Stadium Schedule 5, 7 & 9 p.m. Lumberjack Show Lumberjack Exhibition 6 & 8 p.m. Local Exhibitions 1 :30 p.m. LJD '03 Music Matinee THE DWEEB'S Floating Stage Lowell Park 2:00 p.m. Authentic 1860's Baseball Game Quicksteps VS. St. Croixs of Still-Water Old Athletic Field 2:30 p.m. Joseph's Family Restaurant "Bring Your Best Pie"Pie Baking Contest Joseph's Restaurant. Highway 36 . . . 5:00 p.m. Dinner Concert Stillwater Area High School Band Lowell Park 7:00 p.m. Lumberjack Days '03 Music Spectacular Night 3 ELIZABETH KEENEY GREEN VINYL DREAM PAT BENATAR Floating Stage Lowell Park SUNDAY. JULY 27 All Day Lumberjack Days Three on Three Basketball Tournament River Valley Athletic Club Hosted by SCV AP and V AA 9:30 a.m. Lumberjack Days Ecumenical Church Service Lowell Park-South 12 noon Food Vendors & Exhibitors Open Downtown Stillwater 1 :00 p.m. First Annual Lumberjack Days Elite One Mile Run Along the Grand Parade Route 1 :02 p.m. Lumberjack Days '03 Grand Parade Over 150 units 4:00 p.m. Post Parade Party at P. D. Pappy's Bridge Demonstration Stadium Schedule 5 & 7 p.m. Lumberjack Show Lumberjack Exhibition 6 & 8 p.m. Local Exhibitions 7:00 p.m. Lumberjack Days Music Spectacular Night 4 ZEBRA MUSSELS "1964" THE TRIBUTE (BEATLES Tribute Group) Floating Stage Lowell Park Concert End Fireworks Finale "Thunder in the Valley" VII Lowell Park North & South . . . 4 ,\ B~'{Ml~ . ~U'M \~k9~ \bO~ ~~ Ii 0 ~ ,s' ytC'i\. ~ ~s. ~ LJ~ 80S ,,'"4 ~.~. {J - 131 'o~'" ,.t, . To Whom It May Concern: April 24, 2003 A request was made last November, by Petition, to rename OUL sj-rppt-. from its current 6e1i Avenue South to South Broadway. (From a point at Triangle Park up to Churchill street) If after considerinqthis proposal, you are now opposed to the chanqe please indicate by signing the petition below. PET-:ET:Ef>N I am v~~osed to renaming our street: Street #- Name-- p~ # 911 Brach 439-9351 %J McDonoug):L 439-1123_ 9lTI- :fh::n1.i:> en 43e--13-9a . 4~9-".. 06Ji6. ~. ~tl44~ d _ l . 811 Furseth/Peroceschi 439~4470 &GS W;+-ld.~AnJMQ.~gaIb I L::J ffeggestuerr 117 Stefan 7-&~ Stenseng, 704 Mcffugh 1~2- Ries 71S- f .L erLJ~'Jast 808 Meyer ~12 Baer Br6 Lee- c 8.22 Lund e 4~-sl4-5"- 439-5508 ~) 43&-5-~ ~ BNS6Z 1I!~~ftA~ .' 1Pjf 43fl co.n~-,/. ~.. -.... 43~H45U~(....u ~ ~-~~~ 430.-3129 ~L~-~ . 4S9-716~ ~,~~~ ~- ~ l?trc 439-S626~~ f..u-A. 9~ 439-9279 . . . To Whom It May Concern: June 19, 2003 A request --was made last-Nov-€mber, to rename our street from its current 6~Avenue .60. to South Broadway. If after considering this proposal, you are oppos.ed to the change, please indicate by signing the Petition below and mailing it in the self addressed/~tampBd envelope provided. ( An information sheet is enclosed ) Thank you, PETITION I am opposed to a street name change: 91ff 6th Avenue- So. ?/t~. . (:. ~.A4k signature . . . To Whom It May Concern: June 19,2003 A request was/made last November, to iBname our str-eet from its current 6th Avenue So. to South Broadway. If aft_e.rconsidering this proposal, you are opposed to the change., pleasB_-indicate by signing the Eetition bel-ow and mailing it in the self addressed/sctamped envelope provided. ( An information sheet is enclosed ) Thank ~ou, PETITI9N --- l6~r I am opposed toa street name change; ,-,I6-7'fA--4:/J_, 924 6th Avenue So. I I ~/_ /lfq~ ~Q ~ . Jf,,~.,/ . f$ignature . . . To Whom It May Concern: Jtlfte 19'-, 2tHJ3 A request was made last November,_ to. rename our street :ELVW: its current 6th Avenue So. to s.outh Broadway. If after considering this proposal,_ you are opposed- to- the. change, please indicate, by_ sign-iag the- Petition-below and mailing Lt in the self addJ:essedlstaUL!-,ed envelope provided. ( An information sheet is enclosed ) Thank you, PETITION I am opposed to a street name cbange: 928 6th Avenue So. f3-r-S/f'll signat\lre . . . To Whom It May Concern: June 19, 2003 A ~eque&t wa.& made- ba&t Novembe-rf- to- Eename- e:a-r s-treet from- ~ ts current 6tirAvenue So. to South Broadway. If after. considering this proQosal, you are opposed to the changer p-lea-se- indicate. by. s-i'Jn-ing- the- P.etition. below ~d mailing it in the self addressed/stamped envelope provided. f An information s-heet is .enclesep ) Thank you, PETl:rr:r?N I am opposed to a street name change: 9-3-5-. 6th Avenue- po. ~~l~ \ ,.. signature . . . To Whom It May Concern: June 19, 2003 A reque&t was made last November, to rename our street from its eu'r.l..l::i.it &th Avenue-S&. to- South- ar4way. If after considering this proposal, you are opposed to the change, please indicate by signing the Petition below and m::li1il1.g_i.:t. in the self addressed/stamped envelope provided. ( An information sheet is enclosed ) Thank you, PE'P:IT~N I am opposed to a street name change: 1&15- 6th Av~ So. . J4(JIlJ~. -_d~&-. ~- l" sig~~ t-l:"u:e . . . To Whom It May Concern: June 19, 2003 A request was made-.last.November, to rename. our street from .~ts current 6~ Avenue So. to South Broadway. If after considering this proposal, you are opposed to the change, please indicate by signing the Pet.itionbelow fnd mailing it in the self addressed/stamped envelope prov1ded. ( An information sheet iSH encl~d ) Thank you, PETITlpN I am opposed to a street name change: 1016 6th Avenue So. 13'1vro_ -+- Ul~&~ signature . . . To Whom It May Concern: June 19, 200.3 A request was made last November}" to rename. our street from its current 6th Avenue So. to South Rroadway. If after considering this proposal, you are opposed to the change, please indicate by signing the Petition below and mailing i.L in. the .self addressed/stamped envelope provided. ( An information sheet is enclosed ) Thank you, PETITION I am opposed to a street name change: 110.1 6th Avenue po. ~~ ct...___.... r;v.~- V:- __ . ') Ja signature . To Whom rt May Concern: Jlli~e 1.9, 2003 A r-€quest was made last Novemher, to rename ournsLL\:=et from its current 6th Avenue. So. to South Broadway. If after considering this proposall you are opposed to the change, 21ease indicate by signing the. Pe.titlon. below-and mailing it in the self addressed/stamped envelope provided. ( ~l information sheet is enclosed ) Thank you, PETITI~N I am opposed to a street name change: t/rt~~ S. It4. rer1 if t 1; 1102 6th Avenue So. . ..~.c~~~~. signature . . . . To Whom It May Concern: June 19, za0-3 A request was made last November"H to- rename- 0ttr- .;:)L.Lt:t:L from its current 6tJ1 Avenue_ 80_ to Sou:t.l:L. Broadway. If after considering this proposal_,._ yoa are- opposed t'U the change, please indicate_ hjl- ~9lTinq, the-- Pe't:i:tion-be-Law and mailing Lt ine tbAsp-lf adcl.u::o-D-ffiilstampcJ cuvt=Tope provided. ( An information sheet is enclo.sed ) Thank you, PETITION- I am opposed to a street name ~ange: 1106 6th Avenue So. r~;~.\4>~(\~ _ s-ig-na-~fre . . . To Whom It May Concern: June 19, 2003 A request -was made last November, to rename our street from its current 6~ Avenue So. to S~uth Broadway. If after considering this proposal, you are opposed to the change, pLease indicat-e by signing the Petition below and mailing it in the self address~/stamped envelope provided. ( An information sheet is enclosed ) Thank you, PE.T:[T:[9N I am opposed to a street nume change: 1113 6th AVenue po. ~aMfA/e..l~} " // //. ... J //l /)" />-1. ~X./-~~/ signature . . . To Whom It May Concern: June 19, 2,003 A n:~quest was made last November, to rename our street from its t:h .. . current 6 Ave~~e So. to South Broadway. If after considering this proposal~ you are opposed to the change, pleasa indicate by ~igning the Petition below and mailing it in the self addressed/stamped envelope provided. ( An information sheet is enclosed J ThCfnk you, PE-TI'l'IpN I. am opposed to a street name change: 1214 6th Avenue So. .~ ~A A L (--!J.D . (Y! (jft./'lC. J " - . / - ~. /) g;-A~~A4:~ 17~ , - _. - ., __ - , . I '..... signature . . . To Whom It May Concern: June 19, 2003 A request was made last November r to. rename our street frGm- ~ ts current 6~ Avenue So. to South Broadway. If after considering this proposal, you are opposed to the change, please-indicate by signi1"\gthe- J2etition be1.Dwf-nd mailing it in the self addressed/stamped envelope provided. ( An in-formation- sheet: i& .encle-~d ) Thank you, PE'l'I'l':IpN I am opposed tD a street name change: 1218 6th Avenue po. . i.....~..'~ Vi/ V 1f~Qb~ signature . . . To Whom It,-. May. Concern: Jane- l~, 2003 A request was made last November ,.to. rename our street front its current 6t1l Avenue So. to Southa:r:.o~d.way. If after considering this proposal, you are opposed to the change, please indicate by.s~gning.the Petition-below.and mailing it in the,~lf.addIi'€"ssedlstamped envelope provided. ( An information sheet is enclosed ) Thank you, PETITION- . I am oppose.,d to a street name chang.e.: 1226 .6th. Avenue So. \. signature t ,-CL I j~ fVl~~ ,.. ,I . TO Whom rtKay Concern: June 19r 20-Q3 A request was made last Nove~er, to rename our street from. its current 6th Avenue So. to South Broadway. If after considering this. pro:gosal, you are oppose.d to the change, please indicate by signing t-hAEetition b€-lowand mailingi t in the self addr.pC::'3edlstc;u~edeItvelo-pe pi.vv .ilded. ( An information sheet is enclosed ) Thank you, PETITION- . I am appr to. a str.eet 13-10'- 6th.lvenue- ~o 01 f'. . .. V t -f .... .. I ~\~ }- -' . t name.. change.: s-i gnat- 11 r e..- f'K.L Lle. (ff..~ t;JVtve-~:uv.......~.. ~/r4Jb J) 4'i r 0~ /ft1;tV~ ~b;Mf7 . n MJt If A~~~.- . . . To Whom It May Concern: June 19., ,2003 A request was made last November, to rename Gur street from its en current 6 Avenue So~ to South &roaqway. If after considering this proposal, you are vppuS'ed tattle change, please indicate by. signing-the Petition below and mailin~ it in the- se-lf addre.;::,ti~dtstamped envelope provided. ( An information sheet is enclosed ) Thank you, PETITION I am opposed to a stre.e.t name-change: 1314 6th Avenue So. /Lp4 /-ilJL. ~;-2CJ..-03 . sign-ature . . . To Whom It May Concern: Jun~ 19, 2003 A request was made last November, to rename our street from its current 6~ Avenue So. to South Broadway. If after considering this proposal, you are opposed to the chanqe, please indicate by signing the Petition below' and mall ing it in. the sell addressed,lstamped: enve-Iope provided. ( An information sheet is enclosed ) Thank you, PETITION I am oppOsed to a street name change: 1.318 6th Avenue So. ..../?.. ~.~..... ..........i.lUt. /dZl v' I signa-t\lre . . . To Whom It May Concern: June. 19, 2003 A request was made last November, to rename our street from its current 6t~Avenue So. to South Broadway. If after considering this proposal, you are opposed to the change, please indicate by signing the Petition below and mailing it in the self addressed/stamped envelope provided. ( An information sheet is enclosed ) Thank ~ou, PE-T:rTI9N I am opposed to a street name change: 13-42 6th Avenue ~o. , ;? /\ // J / i / 'f.' A- Iz' t / -/' ../. .. , .-, . . / . ....-:' . c: '... ~c.'~~ :~." ..t"-" <"'--~--:l t.'l--- I /~___d____:',__J,,-..~- ~ ......--.- t... I. t" I" " /J.- I /' signatu-re (~,~.b"~"":l . T\_"-~td...ts cr~....( \)b ~. -.lcY!...-~)~ -/ __ / ~\ \C (. ." ~.Dk ~~(i\:;Y7l~~~~ . Information reqardinq a street name change... Changing the name of a street would involve the subsequent changing o-E at least all of the following: e. Mortgage documen.ts · Mortgagee I~surance doc~s~ e_ Heal tir ~. LJ. fe Insurance. doc:um.ep. ts . Vehicle' Regis-trati-9ns ... .Driv.er.s. 1 "i"'~es e Che""king- a"",",vuIlts -- Sav.i.ngaccoYflts :. :::~:lds e Ai-l bi-lls e Any correspondence from family & friends -- ~~c. ;md s-,iD-rQ.. 'IDilDy-ma-ps-would-no.t.. ~f.or--.a.. y-ear~ or. .~.. o.D.e-qan only quess at the confusion that might cause. · . :-an":s~ ~ ::"~~=~e:C .::r:::,~w:~~~;~e . .. " LIST OF BILLS EXHIBIT" An TO RESOLUTION #2003-146 . 1 06 Group Ltd. 4AA Hockey Program Ace Hardware American Payment Center Ancom Technical Center Arch Wireless Aspen Mills Athletica Becker Arena Products Buchman, Sue Car Quest Century Power Equipment Clarey's Safety Equipment Coca Cola Cole Papers Comcast Corporate Express Cub Dauffenbach, Larry Dust Coating Inc. Earl F. Anderson, Inc. Express Photo Filandrinos, Dean Fred's Tire Fuhr Trenching Galles Corporation Grainger Greeder Electric Hammer, Toby Heritage Embroidery & Design Heritage Printing Hillyard Hugo Feed Mill Infratech Integra Interstate Companies, Inc. Isanti County Equipment Kath Fuel Oil Keeprs, Inc/Cy's Uniforms Kremer Spring Alignment Kustom Signals, Inc. Lofts of Stillwater MacQueen Equipment Magnuson Law Firm Menards Meredith, Nathan Meyer Century Labs Mildon, Kerry & Lori MN Chiefs of Police Association MN Dept.Public Safety BCA Forensic . '. Cultural Resource Study SW Prison Advertisement Equipment Repair Supplies Box Rental Cub Repair Broken Case Cell Phone Uniforms Border Patrol, Rink Divider Netting to Protect Lobby Windows Reimburse Weed Killer Co. 5 Flower Bed Equipment Repair Supplies Equipment Repair Supplies Guage Concession Supplies Cleaning Supplies Cable Phone Belt, Phone, Unv. Water, Ice Reimburse Cassette Tapes Chloride Single Slip Safe Plates Film Processing Landscape Escrow Refund Tire Amundson Property Repair Supplies Neon Lamp Repair Myrtle Street Lift Landscape Escrow Refund Uniform Hockey Flyers Janitorial Supplies Rec Oats for seeding PWF Resplice Camera Connector Telephone #8 Truck Repair Equipment Repair Supplies Oil Uniforms Springs 6108 Radar Repair Draw # 3 DTED Equipment Repair Supplies Professional Services Maintenance Supplies Reimburse Expenses Insect Shield Wipes, Shine Up Wipes Reimbursement for Wilting Pin Oak Rem Permits to Acquire Recertification Class 5,979.30 200.00 67.36 78.00 207.52 17.62 124.69 1,041.04 323.52 17.97 307.81 118.13 89.10 330.30 373.76 78.15 21.57 37.63 23.64 143.78 253.91 7.59 3,102.30 45.57 21,139.08 908.85 16.19 70.00 1,143.55 35.00 180.20 495.81 30.46 379.95 909.79 73.03 382.96 86.27 706.42 1 ,400.48 167.35 69,550.00 538.31 9,710.33 150.95 3.07 224.94 250.00 40.79 120.00 .. .'. EXHIBIT II A" TO RESOLUTION #2003- 146 Page 2 Municipal Emergency Services Bunker Boots, Coveralls 388.33 . Neeck, Beth Mileage to Classes 51.21 Nestle Ice Cream Co. Concession Supplies 58.32 North End Puck Markless Pucks 1,616.00 Office Depot Office Supplies 183.53 PC Solutions Maintenance Agreement 143.00 Pierson, James Landscape Escrow Refund 1,998.21 Pine Technical College Training 200.00 Pod's Tire & Wheel, Inc. Tire Repair 144.52 Prairie Store Co. Field Services 350.00 Reed Business Information Publication 200.20 Roseville Fixed Asset Training 813.82 Royal Concrete Pipe 2 x 3 x 30 Pipe 553.07 Roy C Inc. Power Swing Arm 258.72 S & T Office Supplies Office Supplies 4.47 S1. Croix Boat & Packet Co. May 2003 Arena Billing 27,528.79 Science Museum of Mn Seminar 139.00 Sister Cities International Membership 310.00 Smebakken, Nancy Park. Refund 50.00 Snap On Tools Tools 47.39 Spikes Shoe Repair Patch Knees 30.00 Stillwater Equipment Squad Equipment 358.16 Stillwater Ford Vehicle Repair 478.47 Stillwater Gazette Publication 70.53 Stillwater Motors Vehicle Repair 252.41 . Streicher's Uniforms 56.90 T A Schifsky & Sons Asphalt 253.68 Tee's Plus DARE Supplies 32.00 Toll Welding Supplies 5.32 Vetsch, Sandra Reimburse Freight Costs 17.85 Walmart Supplies 9.22 Washington County Gov.Center Signal Damage Projects 114.05 Washington County Sheriff's Office 2nd Otr MDT's 3,420.00 Workwell Occupational Health Services Vaccine 43.00 Wrap & Ship Freight 80.68 Yocum Oil Fuel 2,024.16 Zack's Inc. Maintenance Supplies 132.43 MANUAL CHECKS JUNE 2003 Commissioner of Transportation Right of Way 97,676.60 GFOA Review Fee 415.00 Moore, Tim Beaver Traps 80.90 Washington County Recorder Record Deed BNSF 20.00 Washington County Recorder Record Deed MN Dot 20.00 Washington County Treasurer Deed From BNSF 3,140.00 Washington County Treasurer Deed From MN Dot 328.40 . .. ., . . . EXHIBIT" A" TO RESOLUTION #2003-146 ADDENDUM TO BILLS Ancom Communications Aspen Mills Buberl, Larry Burschville Construction Dauffenbach, Charlotte GFOA Harrison, Sharon Ikon Legislative Associates, Inc. Lofts of Stillwater MSCWMO MN Dept. of Administration Intertechnologies Municipal Code Corporation NEC Nextel Office Depot Qwest S & T Office Products St. Croix Bike & Skate Stillwater Lions Streichers University of St. Thomas US Bank Verizon Wireless Washington County License Washington County Tax Acct & Research Xcel EXHIBIT" A" TO RESOLUTION #2003-146 Adopted by the City Council this 1st Day of July, 2003 Page 3 HT 1000 Portable Uniform June Animal Transports County Rd. 15 Watermain # 5 Uniform Altering Study Material, Exam Fee Budgeting Guide Maintenance Agreement June Legislative Services Draw # 3 Met Council Membership 2nd Half May 2003 Usage Annual Code Internet Fee Phone Repair Cell Phones Office Supplies Telephone Office Supplies Light Sets Membership Equipment Education Paying Agent Fees Cell Phones 2004 Sterling Truck Administrative & Maintenance Fee Electricity/Gas TOTAL 1,170.18 64.74 50.00 22,810.95 15.00 253.00 45.84 300.00 2,916.67 12,056.00 10,803.48 140.83 250.00 110.00 243.75 117.63 57.51 35.09 143.78 156.00 643.08 884.31 1,233.33 257.76 3,212.32 6,573.00 22,455.44 352,802.07 .. . . . J · ~ 1") _W~-. ~er ~ ~-I""".'~~ T H E~'~'T'~'~ CEO F M INN E SOT A ~ REQUEST FOR INSTAllATION OF BANNER 1. 1) -A '" 1::. Ec I< (!e ~ Go APPLICANT 2. ORGANIZATION Au"'a~1f. ...:r...~~ D"::.:- .s ADDRESS r <5. <<0)(...J , '\03. 3. TELEPHONE '-/ ~o - ~ ~o Go 4. ACTIVITY BEING PROMOTED BY PROPOSED BANNERS: ,4 N!:>~ C&~ ..t ...(. Jo~ - -:t ,(,:ro( oWi Sfj,.J- . ~ ~""'4e <.:rAC~ b14'"t~ . 4 5. BANNER LOCATION REQUESTED: D )& D Main Street at Olive Street (Mad Capper)* North Main Street - 100 Block (Kolliners)* Chestnut Street at Union Alley (Firstar Bank) *MnDOT APPROVAL REQUIRED FOR MAIN STREET LOCATIONS 6. DATES TO BE DISPLAYED: 7bIJ ~ COMPANY INSTALLING BANNER: H I Addressj]41 <1m~ CJ. Wh;~8eBx U-k~ ~ 9q~ ~~ ~ ~c.~ ~ ltj 11) <:> Phone 1lf1- g 7tfL/ 7. D CiW cr Mh[)OT .. .. .........,.. ,- . InstallerVerification BANNER REQUIREMENTS ATTACHED ~. 5T>{ '/:) 'I(/<C..f) -- CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE 612-439-6121 . . . MEMORANDUM June 30, 2003 TO: Mayor and City Council FROM: Diane Ward, City Clerk SUBJECT: Street Closing Request DISCUSSION: Under the Consent Agenda is a street closing request for Neighbors on South 1st Street. Being that their party will run until 11 :00 p.m. they will need a variance to the noise ordinance as well. L1S'1t OF BILLS EXHIBIT" A" TO RESOLUTION #2003-146 . 1 06 Group Ltd. 4AA Hockey Program Ace Hardware American Payment Center Ancom Technical Center Arch Wireless Aspen Mills Athletica Becker Arena Products Buchman, Sue Car Quest Century Power Equipment Clarey's Safety Equipment Coca Cola Cole Papers Com cast Corporate Express Cub Dauffenbach, Larry Dust Coating Inc. Earl F. Anderson, Inc. Express Photo Filandrinos, Dean Fred's Tire Fuhr Trenching Galles Corporation Grainger Greeder Electric Hammer, Toby Heritage Embroidery & Design Heritage Printing Hillyard Hugo Feed Mill Infratech Integra Interstate Companies, Inc. Isanti County Equipment Kath Fuel Oil Keeprs, Inc/Cy's Uniforms Kremer Spring Alignment Kustom Signals, Inc. Lofts of Stillwater MacQueen Equipment Magnuson Law Firm Menards Meredith, Nathan Meyer Century Labs Mildon, Kerry & Lori MN Chiefs of Police Association MN Dept.Public Safety BCA Forensic . . Cultural Resource Study SW Prison Advertisement Equipment Repair Supplies Box Rental Cub Repair Broken Case Cell Phone Uniforms Border Patrol, Rink Divider Netting to Protect Lobby Windows Reimburse Weed Killer Co. 5 Flower Bed Equipment Repair Supplies Equipment Repair Supplies Guage Concession Supplies Cleaning Supplies Cable Phone Belt, Phone, Unv. Water, Ice Reimburse Cassette Tapes Chloride Single Slip Safe Plates Film Processing Landscape Escrow Refund Tire Amundson Property Repair Supplies Neon Lamp Repair Myrtle Street Lift Landscape Escrow Refund Uniform Hockey Flyers Janitorial Supplies Rec Oats for seeding PWF Resplice Camera Connector Telephone #8 Truck Repair Equipment Repair Supplies Oil Uniforms Springs 6108 Radar Repair Draw # 3 DTED Equipment Repair Supplies Professional Services Maintenance Supplies Reimburse Expenses Insect Shield Wipes, Shine Up Wipes Reimbursement for Wilting Pin Oak Rem Permits to Acquire Recertification Class 5,979.30 200.00 67.36 78.00 207.52 17.62 124.69 1,041.04 323.52 17.97 307:81 118.13 89.10 330.30 373.76 78.15 21.57 37.63 23.64 143.78 253.91 7.59 3,102.30 45.57 21,139.08 908.85 16.19 70.00 1,143.55 35.00 180.20 495.81 30.46 379.95 909.79 73.03 382.96 86.27 706.42 1,400.48 167.35 69,550.00 538.31 9,710.33 150.95 3.07 224.94 250.00 40.79 120.00 EXHIBIT" A" TO RESOLUTION #2003-146 Municipal Emergency Services Neeck, Beth Nestle Ice Cream Co. North End Puck Office Depot PC Solutions Pierson, James Pine Technical College Pod's Tire & Wheel, Inc. Prairie Store Co. Reed Business Information Roseville Royal Concrete Pipe Roy C Inc. S & T Office Supplies St. Croix Boat & Packet Co. Science Museum of Mn Sister Cities International Smebakken, Nancy Snap On Tools Spikes Shoe Repair Stillwater Equipment Stillwater Ford Stillwater Gazette Stillwater Motors Streicher's T A Schifsky & Sons Tee's Plus Toll Vetsch, Sandra Walmart Washington County Gov.Center Washington County Sheriff's Office Workwell Occupational Health Services Wrap & Ship Yocum Oil Zack's Inc. EXHIBIT" A" TO RESOLUTION #2003-146 Adopted by the City Council this 1st Day of July, 2003 Bunker Boots, Coveralls Mileage to Classes Concession Supplies Markless Pucks Office Supplies Maintenance Agreement Landscape Escrow Refund Training Tire Repair Field Services Publication Fixed Asset Training 2 x 3 x 30 Pipe Power Swing Arm Office Supplies May 2003 Arena Billing Seminar Membership Park Refund Tools Patch Knees Squad Equipment Vehicle Repair Publication Vehicle Repair Uniforms Asphalt DARE Supplies Welding Supplies Reimburse Freight Costs Supplies Signal Damage Projects 2nd Qtr MDT's Vaccine Freight Fuel Maintenance Supplies Page 2 " 388.33 51.21 58.32 1,616.00 183.53 143.00 1,998.21 200.00 144.52 350.00 200.20 813.82 553;07 258.72 4.47 27,528.79 139.00 310.00 50.00 47.39 30.00 358.16 478.47 70.53 252.41 56.90 253.68 32.00 5.32 17.85 9.22 114.05 3,420.00 43.00 80.68 2,024.16 132.43 . . . . . . r f):.'water ~. .:::::::,.-- ~i","'."" '"~''' -- \~ THE BIRTHPLACE OF MINNESOTA J Organization Application for Special Event hf'1o.t Sh-ehh. TV1 c. ~(lL ~~jt;~ <::'1. Contact Person I. r.. ''J J..ftker /YI ete, Address 1.'5(-") / S /-. P ~ i-l I /1l u. rr&"J I State .Ji!J.;\I Zip 55/IG City Phone Number (~~ (-2,/5-'tZ 3lf ., . ("ofhu J-o ~..JJ'r A. j "'- ~ I- '~.' 2-D a..3 Time of day p I Pt>..S~ S~e e~}f)5~J ~"'-Y1. Name of Event Date(s) of Event 7S '.(7) ~ A Sk.rl- les Gn'r ~ f- M4f. Location of Event Purpose and Description of Event (please include all items being requested by the City, i.e. road blocks, police officers, parks, etc.) and attjlch a map if necessary. F;. '" rfA" I-hc. f- &,..J\' It be ~ 5 '~) L er ~;" <' lri e hi - t.o "'-v;,\ f-~-.-o-) h s 1-,' 1/ lA.Jr.. J-u._ * * * * * . * * * * * * . * * * * * * * ~~ Use Only: ~f~i. Events processing and coordination assigned to: Distribution Police Administration EngineeringlPub lic Works Parks Planning Fire Comments: Ir...s-f I"d 1.-< ~ (,1 S 5" "'. e 5;'';< ypr:lr5_ f CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE 612-439-6121 FINAL STRETCH, INC. 1361 Murray Street. St. Paul, MN 55116 (651) 245-8234 . GOPHER TO BADGER RACE PROPOSAL TO: City of Stillwater - Dinae Ward - Wednesday, June 4th, 2003. DATE: Saturday, August 16th, 2003. TIME: 8:00 AM Start - Registration begins 6:30 AM - Lakefront Park - Hudson. FROM: Final Stretch, Inc. ~ Mark Bongers - Craig Junkermeier ROUTE: MINNESOT A/ STILL WATER - Start at the Gasthaus. 8930 Lofton. Go North to McKusick turn Right or East. Go 2.9 miles to N. Owens turn Right or South. Go .7 miles to Pine turn Left or East (Traffic guards at Olive and Owens - Owens and Pine). Go.6 miles to 3rd turn right orsouth. Go.6 miles to 65th turn left or east. Go.4 miles to Paris turn south or Right. Follow Paris to Beach, crossover Hwy. 36. Go straight to Hwy. 21, approximately 4.4 miles to 22nd Street, turn left or east. Go.6 miles east to Hwy. 95, crossover Hwy. 95 (Traffic Guards). Go South or right to Rivercrest. Go Left or East on Rivercrest~ follow Rivercrest to 94 bridge. . WISCONSIN/ HUDSON - Follow 94 bridge bike path to 35 bike path to first set of lights, go left or west, follow bike path to band shell, finish line, 1.7 miles from Park N Ride in Minnesota to Band Shell in Hudson. Please see map attached. TRAFFIC CONTROL: We will provide volunteer's to help out with each mile on the course. The course will be marked and coned to ensure the safety of the runners. We will abide by all City, County, and State (MN DOT) regulations. LIABILITY INSURANCE: We will provide required insurance and liability coverage to all governmental agencies. RACE SPECIFICATIONS: The staging area for the race will be located at the Hudson band shell. Participants will be bused from Hudson to the starting line at the Gasthaus. The race will finish in Downtown Hudson. OTHER STAGING INFORMATION: Aid stations will be located off the road at 2.5, 5.0, 7.5, to, and 12.5 miles throughout the course. EVENT SIZE: Approximately 1,000 runners -100 walkers. BENEFICIARY: Stillwater footballl athletic programs. Hudson Football/ athletic programs. Children's Cancer Research Fund. MERCHANT BENEFIT: Approximately 750 - 1,250 participants and families from . the 5 state region will spend the majority of the day in downtown Hudson and Stillwater. MSN .s & Directions - Map Print )~A" d. ~..5 6~srn United States ~ I/.: .,..,j.'- . e~OW/arl( Or, W Linden St rn g. o 1121 ~ VV Ramsey St VVOlive 8tVV Olive St IN Pine St ~~. ~ <$) <' a. m .., G) (11(;3 ~ *"' ~--=: c>0 C/j VV Wilfard . St VI/Abbott 'St 1 ""l ; . ":' ,I VVRi:e Sf. Lily lake Recreation Area " J " '66: <5>2003 Mictllsolt eoI!' <5>2003 Il~YTeCh. ~ndlot'GDT.lno, . 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'0 'n (JJ c c; ~ http://m.oint.msn.com/(3bOSrg552gZXP13UgZdSrjaX)/map.aspx?L=U.&C=4S.0529S%2C-92.80S97 &A =41.56667 &P=17C79/&... 12003 . ~\",r. ~er i y '_' l t ~ APPLICATION FOR PERMIT TO SELL Permit No 2003 -- 352 Location Lily Lake Ballfields Organization Organization Type (Individual, For-Profit, or Non-Profit First Name Brian Last Name Johnson Address 853 Westridge Court Cit), New Richmond Date of Birth: State WI Zip 54017 Mailing Address (if different than above) Home Phone 651-246-5714 Work Phone Event (softball game, wedding, etc. Ball Tournament Type of Activity (fund raiser, dancing, music etc.) .eginning Day: Friday, July 25, 2003 Ending Day Sunday, July 27, 2003 ~ Beginning Time 5:00 PM Ending Time 10:00 PM Selling of Beer 3-2 Selling of Beer (over 3-2)* 0 Selling of Liquor* Selling of Wine* *Requires a temporary license through MN Liquor Control o o Diane Ward, City Clerk OFFICE USE ONLY Permit to Sell Issued o Approved by City Council on . CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 651-430-8800 . . . Y-emo DATE: June 27, 2003 TO: Mayor and City Council Chantell Knauss {]:/;?Jilh Director of Administration FROM: RE: City Administrator Election for Inclusion in PERA As part of the 2003 Omnibus Pension bill passed by the Minnesota Legislature (and subsequently signed into law by Governor Pawlenty), effective August 1,2003, City Administrators who previously opted out of the Public Employees Retirement Association (PERA) can now reverse this decision and enroll in PERA's Coordinated Plan. This election is irrevocable. A City Administrator who elects to enroll in the Coordinated Plan must remain in the Plan until termination of employment as the City Administrator. This option does not allow a City Administrator to purchase any service credits during the time they had opted out of the Plan. The election for the City Administrator to participate in PERA will have no change in cost for the City. It will also not change the amount of benefits that the City Administrator receives. The benefits are the same as all other employees. Recommendation If the Council agrees with the PERA election change, Council should adopt the attached Resolution. MEMORANDUM . TO: Mayor & Council FROM: City Administrator Hansen SUBJECT: Public Employees Retirement Account (PERA) Election DATE: June 25, 2003 The 2003 legislative session included a change to the law that will allow City Managers/Administrators who had previously opted out ofPERA to opt back in. Although I will not be able to buy back coverage for years that I was not in PERA, there does appear to be some advantage. This change will have absolutely no cost benefit or detriment to the City as the amount of City expense dedicated to my retirement is set by statute and will not change. It will . simply be placed in PERA as opposed to my 457 Plan account. If council agrees, a resolution is required. . . . . RESOLUTION NO. 2003-147 A RESOLUTION APPROVING INCLUSION OF LARRY D. HANSEN IN THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION (PERA) WHEREAS, Larry D. Hansen has notified the City, in writing, of his decision to revoke his previous election to be excluded in membership in the Public Employees Retirement Association (PERA) and is electing prospective coverage in the PERA Coordinate Plan, in accordance with Minnesota Statutes 353.028. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota the following findings: 1. Larry D. Hansen was hired by the City of Stillwater on January 14,2002 to serve as the City of Stillwater City Administrator. The position is provided for in the Charter of the City of Stillwater. The City Administrator is the chief administrative officer of the City of Stillwater. As part of the 2003 Omnibus Pension bill passed by the Minnesota Legislature (and subsequently signed into law by Governor Pawlenty), effective August 1, 2003, City Managers who opted not to join PERA can reverse this decision and enroll in PERA's Coordinated Plan. . Acting under Minnesota Statutes 353.028 and the newly passed legislation, Larry. D. Hansen has decided to revoke his previous election to be excluded from membership in the Public Employees Retirement Association, effective upon his filing such election with the Executive Director of that association. As required by law, Larry D. Hansen will not at any time in the future seek any authorization to purchase service credit for any period of excluded service. This election is irrevocable. 2. 3. 4. 5. 6. 7. BE IT FURTHER RESOLVED, that the revocation of Larry D. Hansen's previous election to be excluded in membership in the Public Employees Retirement Association (PERA) and election for prospective coverage in the PERA Coordinate Plan, in accordance with Minnesota Statutes 353.028. is hereby approved and staff is directed to provide a certified copy ofthis Resolution to PERA. Adopted by the City Council this 1 st day of July 2003. Jay Kimble, Mayor AITbST: Diane F . Ward, City Clerk . . . LUMBERJACK DAYS AGREEMENT This Agreement between the City of Stillwater, Washington County, Minnesota ("City"), in conjunction with the Lumberjack Days Celebration of 2003, part of a community wide celebration of the City (the "Celebration"); the Lumberjack Days Festival Association, Inc., a Minnesota non-profit corporation ("Association"), that has been granted authority to dispense intoxicating liquor pursuant to Minn. Stat. ~340A.404, subd. 10 ("Liquor"). 1. Celebration. The City has encouraged a community wide celebration in order to foster and promote tourism within the City of Stillwater and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City. The date of the Celebration will be July 24, 2003 through July 27, 2003. 2. The Association. LumbeIjack Days Festival Association, Inc. has been granted authority to dispense intoxicating Liquor at the Celebration and has contracted with the Association for the administration of the Beer Garden where the Liquor will be dispensed. It is the purpose of this Agreement to set forth the terms and conditions that will control the dispensing of Liquor at the Celebration. 3. The Area. The premise where dispensing will be permitted is the area bordered by the Minnesota Commercial Railroad Track on the west; approximately 100 feet south of P .D. Pappy's on the north (the exact location of the Boundary will be determined by the Police Chief); the St. Croix River on the east; and the north edge of Chestnut Street on the south (the "Area"). 4. Fencing. The Area must be securely fenced by the Association. The fencing must be adequate to insure that alcohol sales and consumption remain inside the fence. A breach ofthe fence is grounds for the Police Chief to terminate all alcohol sales in the area. 5. Crowd Management. (a) The Association will reimburse the City for the cost of providing uniformed, licensed peace officers for the celebration at a level required by the Chief of Police. The reimbursement level will be limited, however, to a maximum of $27,000. (b) The Association will provide, at no cost to the City, privately paid professional uniformed security officers equipped with radios. All security officers will be suitably identifiable. The number and deployment of the Security force must be approved in writing by the Stillwater Police Chiefby June 1,2003. (c) For the purpose of this plan, all Entry/Exit gates to the park must be controlled by security personnel while alcohol is being served. At each of these entry/exit points, a paid professional security guard must be in place to insure that no beer or Liquor enter or leave the park area. (d) Signage will be prominently displayed at each entry/exit point to notify guests that no Liquorlbeer will be allowed in or out of the area. . ( e) Private paid security officers will roam the Area checking to make sure that each beer drinker is wearing a Lumberjack Days 2003 beer drinking bracelet. Signs will be displayed throughout the area notifying guests thatthey must be wearing a beer drinking bracelet to be drinking a beer. 6. Liquor Control: (a) Identification Bracelets. The Association will provide at no charge liquor identification bracelets at a minimum of four (4) different locations in the area. The Association will permit no one to consume Liquor unless they are wearing an identification bracelet. The Association will be responsible for the issuance of bracelets and that the bracelets are given only to those who are legally entitled to consume Liquor. (b) No Other Alcohol or Coolers. No Liquor is allowed in the Area except that Liquor which is sold by the Association. The Association is responsible to see that no other Liquor is brought into the Area. The Association must not allow bottles, containers or coolers to be brought into the Area. (c) Compliance Program. Prior to the opening date of Lumberjack Days 2003, the Association must develop a complete management policy or program regarding all aspects of alcohol compliance, including the problem of the under~aged consumer, sales after hours, sales off the premises in open containers, over- serving and the recognition of false identification. The City Police Chief must approve the policy before implementation. The Association must train all alcohol servers with regard to the policy, including instruction by a professional recognized in the area of alcohol awareness before the opening date of the Celebration. . (d) Compliance Inspection. The Association acknowledges that as a liquor license holder for the Celebration, it is subject to Stillwater City Code 943-8, which authorizes that all premises from which intoxicating Liquor is offered at on-sale, are subject to inspection for alcohol compliance by any police officer, health officer, or other designated officer or employee of the City during all hours the Area is open for the serving of alcohol. 7. Insurance. The Association must provide to the City satisfactory proof that it has obtained liability insurance that names the Association and the City as an additional insured, as loss payees, in an amount of at least $1,000,000.00 combined single limit, for loss sustained by either acts or occurrences that arise from or grow out of the Celebration, and Liquor Liability coverage as described in Minn. Stat. 9340A.409, evidenced at a minimum, the coverage described in Minn. Stat. 9340AA09, subd. 1. 8. Signs. The Association will post signs, the number and content of which must be approved by the City Police Chief describing the regulations prohibiting Liquor outside of the . 2 . . . Area, as well as the prohibition against participants bringing their own Liquor into the Area and the requirement for identification bracelets must be worn to consume alcohol. 9. Noise Control. The Association is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 10. Hours of Operation. Liquor sales will cease 20 minutes before the last band finishes playing, but in no event may liquor be served later than ] 0:40 p.m. on each day until 12:00 p.m. (noon) the next day. No bands or other music will be played after II :00 p.m. No Liquor may be dispensed after 10:40 p.m. and no food may be served by vendors after I ] :00 p.m. 1] . Police Power. The City reserves the right to order a shut down of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. In that event, the Association will cease dispensing Liquor and must assist the police in the clearing of the Area. ] 2. Exclusive Use of Lowell Park. In return for the exclusive use of Lowell Park and the right to sublease spaces within the park(s), the Association hereby agrees to the following stipulations: (a) The Association will pay a damage deposit of $250 and a users fee of $500 to be paid at the signing of this Agreement. The damage deposit of $250 to be refunded, in whole or in part, depending on the amount of damage, if any, as determined by the City of Stillwater Parks Director. (b) The Association shall furnish dumpsters or roll-off boxes in sufficient quantity to contain the accumulation of trash generated by the Celebration and shall see that all trash is pickup up daily and deposited in dumpsters, including the emptying of park trash receptacles. (c) The Association shall furnish adequate portable restrooms to facilitate expected crowds. Additional portable restrooms must be provided by the Association if deemed necessary to protect public health as determined by the Chief of Police. 13. Fireworks. The City agrees to act as a depository for funds donated for the purpose of the community Lumberjack Days fireworks exhibition. The funds will be held in trust for the Association and paid over to the Association upon receipt subject to the continuing obligation of the Association to recognize that the funds be used as intended by the donor. Further, the City will contribute $15,000.00 toward the costs of firework displays on July 4and July 27,2003, to be paid over to the Association upon the execution of this Agreement. 14. Downtown Clean Up: On the day following close of the Celebration, weather permitting, the Association will clean and sweep the streets in the Downtown Area that have been impacted by the Celebration. 3 15. Hold Harmless and Indemnify. The Association agrees to hold the City hannless and to indemnify and defend the City with regard to any claims causes of action or demands that . might be brought against the City arising out of the activities in the Area including the dispensing of Liquor pursuant to this Agreement. IN WITNESS WHEREOF, the parties have set their hands this ,2003. day of LUMBERJACK DAYS FESTIVAL ASSOCIA TION, INC. // STATE OF MINNESOTA) ) ss COUNTY OF WASHINGTON ) b The foregoing instrument was aCknowle.dged before me this Jq/It day of June, 2003, by aV~ E.r1JGtxeQ , the t? OO~ /4{ )a-rt:J e , duly authorized agent for LumbeIjackDays Festival Association, Inc., a Minnesota non-profit corporation. ,1iI. ,.... .,.. ii _{t",;;~ DIANE WARD !NOTARY PUBLIC - MINNESOTA :'" c omm,,,"" '''Pi,,, ,-31-",,1 [fjV'~ ~.. Mw J kJev>Z Notary Public . CITY OF STILLWATER Jay L. Kimble, Its Mayor ATTEST: Diane F. Ward, Its City Clerk . 4 . . . ST A TE OF MINNESOTA ) ) ss ) COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this day of June, 2003, by Jay L Kimble, Mayor and Diane F. Ward, Clerk, for the City of Stillwater. Notary Public 5 RESOLUTION 2003-148 APPROVING 2003 LUMBERJACK DAYS AGREEMENT . BE ITRESOL VED by the City Council of Stillwater, Minnesota, that the contract between the City of Stillwater and Lumberjack Days Festival Association, Inc., as on file with the City Clerk, is hereby approved, and the Mayor and Clerk are authorized to sign said Agreement. Adopted by Council this 1st day of July 2003. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . . . rJ;. . .water ~ - .::::::--- :::::::- H."'" ,.,:>.\ T H ;-;; ~; ~"'~'77'~ 0 F M INN E SOT A ~ Organization Application for Special Event ~Jc{~ (S+~'_ (Vf1tl1n i,~ ~(} tktjh~ . ()V) " Contact Person .......... I L-Y'. ~, ('D(j, j Dr ( 1{J i 5J. L~ ~'. City SA-,tll ,,~ )~ Phone Number ~3o ~y s \ Name of Event ,0\' ~n~ ~l.'xJc Address State MrJ Zip 5S0~J Date(s) of Event Jit\L1 \.~~ ~?> CJ I ~ Location of Event 1\\C)c\C CJ'lA( t<Gt S"', f C\.-riA; o Time of day & f~-J\ - \t r~ . " ~J JJr;~ ~ ~ych JJ ./ ~v-e-<A-.. . Purpose and Description of Event (please include all items being requested by the City, i.e.~ . ~cks, P?lice officers, parksq;~c.) and ~ttach a map ifnecess(:., ". ".1 I'. '(~ V\~~l\\-:h.'f'_1 kv1 I 9: S? ~~~A. L\;v\((v-~S ~.......:;\ rku-'(),LX. ~~ ~ ~" (\~,AA~,y\, ~~~ YO b4ciL. bt\J ~ .Q,."..rl of Trw\.~/l:u~ ~~YV'_:-'\ ,f _j~~ \2Yi-.., fv'(',\~~ \\~.'!^<}, ~L.Q lA~~~--- i ~ .0-- V\Z.;~)'~Y'hrY.? f~.. ~.':\Irh~lr--P.jl' 0. - p .~~-; .0 ~~ -~e ~.1 ~J io ~~-P~. JJ-.}~ ~~\6k- ,.'") -UN, rcl}-U.h~~ ~ Ici)~^, ~lu ({ !-\J\~ ~ (Y'.--r-dJ tJw7t. . ~~ . ~ ~.[l SM--Rt(0I( ~ -~ ~. \J * * * * * * * * U,* * * ,* -* * * * * / . sit' h~\jJL (\yt- ~. wi ~ ~~v..e..J ~. -~1 "t~ +n-- L{ D1.^-J'L ~tu ~~:"use Only: U ~;~I' Events processing and coordination assigned to: Distribution Police Administration Engineering/Public Works Parks Planning Fire Comments: . CITY HALL 216 NORTH FOURTH STillWATER. MINNESOTA 55082 PHONE. 612-439.6121 . MEMORANDUM TO: Mayor and City Council FROM: Larry D. Hansen, City Administrator SUBJECT: Additional Depositories Investing in today's climate continues to be more and more challenging. To answer this challenge we have continued to broaden our number of depositories with which we do business. It appears that local banks and brokerages are offering competitive rates. I am therefore requesting that Lake Elmo Bank and Piper Jaffrey be added as additional official depository. . . RESOLUTION 2003-149 ' DESIGNATION OF ADDITIONAL DEPOSITORIES FOR 2003 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the following are hereby designated as City depositories for the Year 2003: Lake Elmo Bank Piper Jaffrey Adopted by Council this 1 st day of July, 2003 Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk .. . . . . MemorandUll1 From: Date: Subject: Mayor and City Council . . ~ Shawn Sanders, Assistant City Engineer '1'f:. June 27,2003 County Road 15 Watermain (Project 2000-16) Acceptance ofW ork and Final Payment To: DISCUSSION The work on the above project has been completed. The contractor has submitted their application for payment and required information to allow for final payment. If Council accepts the work and authorizes final payment the one-year warranty will begin. RECOMMENDATION Staff recommends that Council accept the work and authorize final payment to Burschville Construction Inc. in the amount of $22,81 0.95 . ACTION REOUIRED If Council concurs with staff recommendation, Council should pass a motion adopting Resolution No. 2003- , ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR COUNTY ROAD 15 WATERMAIN (PROJECT 2000-16) . ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR COUNTY ROAD 15 W ATERMAIN (pROJECT 2000-16) WHEREAS, pursuant to a written contract signed between the City and Burschville Construction Inc. for County Road 15 Watermain (Proj ect 2000-16) and their work has been completed with regard to the improvement in accordance with such contract, BE IT FURIUER RESOLVED: That the city clerk and mayor are hereby directed to issue a proper order for the final payment of$22,81O.95 on such contract, taking Burschville Construction Inc. ' s receipt in full. Adopted by the Council, this 18t day of July, 2003 Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk . . . . ~emo . . To: From: Date: Subject: Mayor and City Council Sue Fitzgerald, City Planner July 1,2003 Appeal of Planning Commission's Denial of Request for a Variance to the Front Yard Fence Height Restrictions. The request is for a Variance to the front yard setback to construct a 60 inch high fence. Attached is a copy of the site plan submitted to the Planning Commission, it provides a map of the following requests made at the time. The applicant is requesting a Variance for: 1) The portion of the fence represented by "Line E" to extend at least ten, preferably sixteen feet from the southwest comer of the garage and be constructed at a height of 60", rather than the 42" permitted by the ordinance. The portion of the fence represented by "Line F" be constructed at a height of 60", rather the 42" permitted by the ordinance. The portion of the fence represented by "Line A" that extends past the front of the home be constructed at a height of 60", rather than the 42" permitted by the ordinance. 2) 3) The Planning Commission reviewed the request at their meeting on June 9, 2003. Concerns expressed by staff were for the proposed magnitude would be imposing, and impair the visual openness of the streetscape and neighborhood. Recommendation: Denial Attachments: Letter of Appeal, application, staff report, site plan and minutes of 6/9/03 CPC meeting. -.............. JOE R. THOMPSON 828 W. WILLARD STREET STILLW~ TER, MN 55082 651-351-0475 . J one 18, 2003 City of Stillwater Attention: Community Develv}'ment Director 215 'North 4th Street Stillwater, MN 55082 Re: fD .. D R ....-......r,.- .d v: ~3-5'O Appeal 0 eClSlon to eny Variance equest '-"""'..x--' ( t:. Dear Community Development Director: Please let this letter serve as notice of my appeal to the Planning Commission's decision to deny my request for a variance to the front yard setback requirement for a fence. I have attached a copy of my correspondence and the site plan submitted with the variance request. My request was for the Planning Commission to grant a variance allowing: (1) the portion of the fence represented by Line E to extend at least ten, preferably sixteen, feet south from the southwest comer of the garage and be constructed at a height of 60"; (2) the portion of the fence represented by Line F be constructed at a height of 60"; and (3) the portion ofthe fencerepresented by Line A that extends past the front of the home be constructed at a height of 60". . City Code Section 31-1, Subd. 30(2)(d) provides, in summary, that a variance may be granted if: (1) a hardship peculiar to the property not created by any act of the owner exists, (2) it is necessary for the preservation and enjoyment of substantial property rights and does not constitute a special privilege, and (3) it will not be of substantial detriment to adjacent property and will not materially impair the purpose of the public interest nor adversely affect the comprehensive plan. In my opinion, my circumstances satisfied each of these conditions. First, the reason I cannot build on or behind of the building line is because of 100' tall trees -a condition I did not create. Second, privacy and the prevention of trespass are substantial property rights that will be impaired with upon the completion of the street improvement project - the sidewalk will be constructed on our side of the street. Third, rather than being a detriment, this fence will improve the look of the property and surrounding properties and will not in any way materially impair the public interest. . . ... While I believe the Planning Commission's decision was in error, I do not feel an "all or nothing" . decision is appropriate and offer a solution that I believe the City CounCil will find acceptable. Since the primary concern is how far Line E extends past the building line, I ask that the City Council allow me, at the least, to construct a fence 60" in height that extends only five feet in front of the building line. This will allow me to avoid the grove of trees that lie directly in line with the building line while still protecting the public interest and my property rights. Thank you for your consideration. Sincerely, ~:;:.? . Doc# 1776534\1 /... -~~ . JOE R. THOMPSON 828 W. WILLARD ~ laEET STILLW A 11!lR, MN 55082 ,.651-351-0475 tl... - - - April 30, 2003 . . '. .' . BY FACSIMILE City of Stillwater Attention: Sue 215 North 41b Street Stillwater, MN 55082 Re: Variance Request Dear Sue: . Attached please find a Planning Administration Application Form for a variance to the front yard setback requirement for B fence. Based on our conversations, it is my understanding that a fence may not exceed 42" in height if it extends into the front yard from the front of the hOme. The attached site plan details that the southwest comer of OUT garage is four feet back from the front of the home. Therefore, we could construct a fence that 'is greater than 42" in height so long as it only extended four feet from the southwest comer of the garage into the front yard thereby being flush with the front of the home. Unfortunately, there are trees directly in the path of Line F (see attached site plan for all references to Lines) if Line E is four feet. We therefore request, for the reasons described below, that the City of Stillwater grant us a variance allowing: (1) the portion of the fence represented by Line E to extend at least ten. preferably sixteen, feet south from the southwest comer of the garage and be constructed at a height of 60"; (2) the portion of the fence represented by Line F be constructed at a height of 60"; and (3) the portion of the fence represented by Line A that extends past the front of the home be constructed at a height of 60". The primary reasons supporting the City of Stillwater's decision to grant this variance are: . The City will be initiating and completing street repairs on Willard Street this summer and sidewalb will be added to our aide of the street. We have a large dog that can easily clear a 42" high fence and I am concerned that the added foot traffic caused by the.. sidewalk will entice him to do so. . . . . . The west side of our lot has several ttees and a cement slab. If I could make it work under the CWTent p.;...~t restrictions I would. However. I would need to remove trees, and quite possibly a portion of their roots, if I were to construct the fence so that Line B was four feet or less. Alternatively, we have a cement slab that extends the width of the garage which prohibits us from building a fence of any height behind the southwest . ~ft 1760144\1 --":-., ......-.. ( April 30. 2003 Page 2 comer of the garage. Because of .th~ tree placement. the ponion of the fence represented . by Line E must extend at least ten feet. . . The fence. .. aspropose4. will not. adversely affect. but rather benefit. the surrounding. . ,neighborhood. The C1..&.,..~..t fence is AwhitC pic:ket fence .11 very poor shape th!!t currently. extends approximately 2~; south. r,...~,thCsouthwest comer of the garage. Even though the variance, if granted. will allow us to construct a fence that is IS" higher, the fence will be a western. red cedar picket fence that will be at least nine feet further from the , , street. I at' !"..~iate your review of this request. If you should have any questions, please do not hesitate to call. . Sincerely, ~~ Joe R. Thompson .. ., -- . I)odII n60144\1 . . . 1" (,1 /tI W ~1 fY\- '-.f^ l~ 1~ ~ I ~I -f ~ PI I -0: ~: m . I lSl <11...... t: \ . -- ~ . c....e.,,/ /..R~ ' . . r ~ ~ u.,~~ t I . , I , '\0 1-' ;~ @ #<<e/~/~ /~~.) bJr ~~hq . ,t.. <J"?J> /IP. .J .~ > ;H ~/;'~A..1I,gJAd c... 4rl!- u//--~.e/. .:r- .-;s crl .v:,,:.,~ 6 dJr )J~rtY /,lotc.... cE- - W //6/'c/ SI'. w~ H~ . '. ':> ~1 ( ( 0~ 3r-' ~ ( ~ \J , ): ~ J.. .. @Yo' ~ :. t " C - (J I ~ ~ ...:! 11 (.. "'{ . c .._, '. 1\1 ! aJ ~ ... = ... N ......., "sISJi~AGe.,f,,,,e- ~.~ .. .. . ~ . ~ ~ "'t 5 , ~ v ~e. City of Stillwater Planning Commission ,J.une 9, 2003 . Present: . Russ Hultman, chair . .. .. ... . . .. . David Junker, David Middleton, David Peroceschi, Karl Ra,num,JerryTumquist Paul Teske and Darwin Wald Others: Community Development Director Steve Russell Absent: Robert Gag Mr. Hultman called the meeting to order at 7 p.m. Mr. Wald, seconded by Mr. Junker, moved to approve the minute of May 12, 2003; motion passed unanimously. Case N~. V/03-49,. A variance to the sign regulations (one allowed, two requested) at 1200 W. Frontage Road in the BP-C, Business Park Commercial District, Koppy Motors, applicant. William Minder represented the applicant. He stated the request for two signs was to "even the playing field" with competition. He showed photos and noted other nearby businesses have two . SIgnS. Mr. Russell pointed out that a free standing sign of up to 100 square feet is allowed in the BP-C district. The applicant stated he was told the allowable signage was much smaller, and he has already spent considerable money in having a sign constructed. If he had been told a 100 square foot sign was allowable, he would have invested in a larger sign. . Mr. Middleton noted the Commission had a similar request last month which was denied due to the concern regarding proliferation of signage. . Mr. Middleton, seconded by Mr. Wald, moved to deny the request; motion passed unanimously. The applicant asked whether he could have an additional sign on the side of the building, as the building is located on a Comer lot. Mr. Russell said he believed that was allowable. The applicant was told to work with staff. Case No. V/03-50., A variance to the front yard fence height regulations (42" allowed, 60" proposed) at 828 W. Willard St. in the RB, Two Family Residential District. Joe Thompson, applicant. Mr. Thompson said the existing fence is in di,:)J.\:.....air. He owns a dog that can clear 40" and would like to have the fence the same height around the perimeter of the yard. He stated the fence wold be brought in 8 feet, so as not to have to remove four large pine trees. . 1 . City of Stillwater Planning Commission June 9, 2003 ~',#. . Mr. Ranum suggested there are alternatives to a 60" fence and. moved. to. deny. the request. Mr. Teskeseconded the motion. Motion passed 6-2, withMr.Mi~dleton aIld Mr. Turnquist opposed. Case No. V/03-51. A variance to the side yard setback (10 feet required, 5 feet requested) for construction of an addition above an existing garage at 504 W. St. Croix Ave. in the RB, Two Family Residential District. David P. Ponath, applicant. David and Ann Ponath were present. They suggested that the addition will be an improvement to the home. The footprint of the existing structure will not be expanded. Neighbors, Jerome Petroski, 418 W. St. Croix, and Thomas Loome, North William Street, both spoke in favor of the plans. Mr. Mh:ldleton, seconded by Mr. Turnquist, moved to approve the variance as conditioned; motion. passed unanimously. . Case No. V/03-53. A variance to the street side yard setback (30 feet required, 11 '10" requested) for construction of a two-car attached garage at 1101 S. Fourth 8t. in the RB, Two Family Residential District. Michael and Jennifer Peltier, applicants. Mr. and Mrs. Peltier were present and noted their house is already non-complaint with setbacks. Mrs. Peltier said they are just trying to work with the lot in order to have a two-car garage. A concern was expressed that a car parked in front of the proposed garage would extend onto the sidewalk. Mr. Teske noted that in the previous case, the requested variance did not expand the footprint of the existing structure. He suggested that in the long run, the proposal would be detrimental. Mr. Ranum agreed that he was not comfortable with the extent of proposed improvements on the lot. Mr. Junker asked the applicants whether a smaller garage might work. Mr. Middleton said he would have no problem if the garage was smaller. Mr. Hultman noted that if the garage was reduced to 22' deep, a car parked in front would not extend over the sidewalk. Mr. Ranum, seconded by Mr. Teske, moved to deny the request; motion passed unanimously. Case No. SUP/03-54. A special use permit for outdoor sales for 10 days at 1801 Market Drive (Cub Foods parking lot) in the BP-C, Business Park Commercial District. Eric Robbins, applicant. Mr. Robbins, TNT Fireworks, said the request is for the outdoor sale of Minnesota legalized . fireworks. Two non-profits will conduct the sales, North Central Bible College of Minneapolis 2 . . . .. ..... MEMORANDUM TO: Mayor and City Council FROM: Cindy Shilts, Building Official DATE: June 27,2003 SUBJECT: 501 S. 2nd Street Demolition The demolition for the Castle house will apparently be moving forward since the attached letter from David Wagner, Structural Engineer, supports demolition. The demolition is scheduled for July 7, 2003 with Fuhr Trenching to perform the work. Mr. Castle is approaching Council to ask permission to savethe southeast room as a study room and work shed as stated in. his original letter of request to Council dated May 15,2003. Mr. Castle needs to be aware that all of his personal effects must be removed prior to July 7, 2003 to prevent them from being destroyed with the demolition process. If Council approves keeping the southeast room, no water and sewer should be connected to the structure as is would not be considered a habitable structure. e' . . .,1tl:3 HI: 46 6512829904 MN/DOT BUILDING SECT PAGE 02 ~ A.M. STRUCTURAL ENGINEERING 133 COUNTY ROAD W RIVER FALLS, WI 54022 2e June 2003 Tom Brunmeier Elements of Construction Re: Fire Dam~ Structural A-"(!~ment 501 S. ~ Street Dear Tom: As you requested, I have assessed the damage caused be a fire at the above referenced project. During my assessment I observed irreparable damage to 70% of the roof framing, 60% of the secol'd floor joisUJ, 80% of the fil'$t floor joists, and 50% of the walls. This framing would need to be replaced with new framing. Another issue regardIng the existing is reviewing the undamased members using the new state building cocIe. Based on the slze and span of the foof framing, second floor framing, and first floor framing, these members may require reinforcing. Thus, affecting 100% of the stnJcture. Due to the complexity and expense of remodeling of this magnitUde, it is my opinion that the eXi$ting structure be demolished. It is unfortunate to give this opinion on a structure that has remiltned il'l one family for more than 80 yeGl'S. It was evident that ill great deal of cnift8manship was originally put into this house and care taken to maintain it. However, only a small fragment of that original struct\Jre is salvagwble. PI.ate call me if you have any questions concerning the above. Sincerely, A. M. Structural En9ineEJring, LtC 0d fJtJa O&vid P. Wagner, ~ MN Reg. No. 25420 (let3058d) . . . " May 15,2003 Mayor and City Council City of Stillwater 216 N. 4th Street Stillwater, MN 55082 Dear Mayor and City Council: I have recently placed an ad in the local Gazette seeking a contractor to restore my burned home at 501 S. 2nd Street, Stillwater. This is my first such seeking in a public way. I've had two people almost accept this contract idea. The above ad will first appear Thursday, May 15, 2003 and Friday, May 16,2003. I seek an extension of the May 29th demolition date to give this ad time to work. If no extension is forthcoming or no contract, I will ask to save the southeast room of the house as a study room and work shed. This room has been proclaimed a solid structure. I have attached a letter from Mac McCalla, structural engineer stating the house is repairable. Thank you for any considerations regarding my home. Sincerely, ~ctuJt- Brad Castle oS . . . Memo To: From: Date: Subject: Mayor and City Council Steve Russell, Community Development Director ~ June 24, 2003 Livable Communities Demonstration Account Application The attached Livable Communities Grant request for $1,950,000 HUUl the Met Council would connect the Territorial Place Project and Lofts Project to the new Main Street Plaza and parking through trail improvements and extension ofthe Main Street streetscape (see attached site plan). The trails project will act as a complement to private development ofthe two residential projects and other North Main areas. Besides the trail, a Main Street Plaza, transit hub and one level parking ramp would be constructed with the grant. According to the application process schedule, the grant application will be reviewed by Met Council Committee between now and November with funding next year. The request could be funded and constructed in multiple phases. The Housing Infill Pedestrian Connection Project meets many ofthe Met Council review criteria and should score well in the application evaluation process. Recommendation: Approve resolution (attached) authorizing application for Demonstration Account . Grant. ~ . . . iIlwater - ~ - --\ r\. THE B1RT'HPlACE OF MINNESOTA J June 24, 2003 Ms. Linda Milashius Metropolitan Council Mears Park Centre 230 East 5th Street St. Paul MN 55101 Dear Ms. Milashius: The City of Stillwater would like to submit the enclosed Downtown Stillwater Housinq and Infill and perlestrian Conneciton Proiect for Livable communities Development Grant. This project was rated highly last year and has benefitted from staff and commission comments and the actual beginning construction of the two private development components of the project. and the City purchase of the . Burlington Northern right of Way. . The project clearly meets regional compact development, mixed use and alternative travel modes objectives. By being a part of this highly visible, innovative project, the proposal could be used as an excellent example of a well designed, contextual mixed use infill development in an attractive pedestrian environment. If you would like additional information or have questions regarding our proposal, feel free to contact me at 651-430-8821 or srussell((j)cLstillwater.mn.us. Sincerely, . .. 5 ~eve Russell . Community Development Director Enclosure CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 651-430-8800 . 2003 Livable Communities Demonstrative Account Application .Downtown Stillwater North Main Housing Infill and Pedestrian Connection Project . . City of Stillwater June 25, 2003 . . . Office Use LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT DEVELOPMENT GRANT APPLICATION FORM 2003 Instructions: Submit form and attachments by 4:30 p.m. on June 30, 2003. Use font size 11. Use ofbulleted lists is encouraged. Do not attach a coversheet, page(s), or use any graphic images on top of the application form. Limit application to 12 pages plus attachments, for a total of no more than 19 pages. Pro.ieet Information: Project Name: Applicant (Governmental Unit): Project Location (city): Address (street boundaries or Major intersection): Primary Project Contact: Name: Title: Address: Phone: Fax: E-mail: Authorized official(s) - (names and titles for contract execution) Downtown Stillwater North Main Housing Infill and Pedestrian Connection Proiect City of Stillwater Stillwater North Main Street Stillwater, MN 55082 Steve Russell Community Develooment Director 216 North Fourth Street 651-430-8821 651-430-8810 srussellrtVci.stillwater .mn.us Mayor Jay Kimble Project Summary In the space below, summarize the project goals and components. (Limit 20 lines) The project includes three components; two privately developed and one public connecting component. The fIrst private component is Terra Springs mixed-use project providing 227 residential units, office and retail space, including the reuse ofthe remaining prison structure. And interpretive trail and archeological green area are part of the approved Planned Unit Development. The second private component, The Lofts, is a 6O-unit condominium project reclaiming a polluted gas station site. Both private projects are located next to the railroad right of way trail that would link the sites to the Downtown. The public component connects the infIlI sites to the Downtown Historic District with attractive pedestrian trails and streetscape improvements. Elements of the public component include, interpretive trails, railroad right of way purchase and development, streetscape improvements, public plaza and parking/flood wall construction. . . 1. Project Funding Request and Timeline (limit one page, landscape layout) . Complete the following section, listing project tasks and specific task details in priority order, requested amount of funds, and timeline. See grant information page for eligible/ineligible uses. For the Task/Eligible Cost, provide as much specificity and detail about the tasK as you can. Examples: If the Task/Eligible Cost is Underground Parking, the details might include information about location of parking structure if there is more than one, how many stalls and cost per stall. If the Task/Eligible Cost is Acquisition, the details mi~ht include number, type and location of buildings, or size of parcel; and if cost includes demolition and relocation. IPriority Task I Eli~ible Cost $ Request Start.Date I 1 Pedestrian trail on railroad corridor 500,000 March 2004 I 2 Main Street pedestrian plaza and promenade connection to river and Lowell Park ~50,000 March 2004 I 3 Two level parking structure (one below grade acting as flood wall) 11,000,000 October 2004 I 4 Main Street streetscape 1200,000 March 2004 I 5 i I 6 i I 7 i I 8 I I 9 I 10 I Total dollars requested and the start and completion date for the entire project or phase: $1,950,000 March 2004 End Date October 2004 October 2004 lTune 2005 lTune 2004 June 2005 [n the following section, list any components of the proposed project previously funded with an LCDA grant, indicating the amount of grant award received, start date and completion date (or antici1>ated completion date) of that component. Pi'ev:i()usly}i'undedLCDAiColnp()nents $ Received .. Start.Date End Date I., _ N/A ',I_I_I~._I_._- and estimated start and [n the followinf! section, if 1 2 Extension of Lowell Park Flood wall construction March 2005 March 2005 End/Date October 2005 October 2005 . . . 2. Additional Project Information (limit one page) · In the space below, provide additional pr~ject information or history ofthe site (not included in the project summary on page 1), including any plans to phase the project. (Limit 20 lines) The railroad corridor is currently being purchased from Burlington Northern/Santa Fe Railroad by the City of Stillwater for $1 million. The plan is to use LCDA fund to construct the pedestrian improvements in the trail corridor. The location of the parking structure and pedestrian plaza is currently a parking lot. To offsetthe parking lose for the pedestrian plaza and connection to Lowell Park; an attractive minimum visual appearance, two-level (one below grade) parking structure will be constructed. The front wall of the structure will act as the lOO-year floodwall replacing the planned lOO-year floodwall separating the parking lot from the park. The basement level of the parking structure will act as a sump for rains during flood condition. A plan development process is currently underway to provide detailed elevation drawing and engineered studies for the relative complex flood control trail corridor, public plaza project in the middle of Downtown Stillwater. . In the space below, state how LCDA funding will overcome obstacles or provide a catalyst. Describe any time constraints, financial hardship or complexity that requires LCDA funding. Address what could not be accomplished but for receipt of an LCDA grant. (Limit 20 lines) . The crucial public elements (i.e. the public interpretive trails, transit hub, sidewalk improvements, central plaza and parking structure) would not be constructed without the Grant. Other sources of funds to assist with project costs included tax base revitalization and TIF Funds. The proposed project would is a catalyst to. development of the housing sites but also augment and link the housing to downtown, job, transit service and recreation opportunities. The success of the private and public cVlUponents will help spur further infill development on the north end of town, providing the diversity of land uses needed to sustain and enhance Stillwater as an independent, walkable historic small town. . . . 3. Regulatory Status A. Please check (X) the following if it will be needed, is underway or is completed, and briefly provide additional information as noted. Ifnot appHcable, place a 'NA' in the box. Will be Needed Underway Comoleted Comprehensive plan amendment. If needed, please describe: x Environmental Reviews - EA W, EIS, AUAR. Ifneeded, please describe: x Zoning changes and variances. If needed, please list and include change to/from: 4. Project Site and Components A. Proposed land use changes: (check appropriate box) Yes No X Will buildings be rehabilitated? Briefly describe: The one remaining prison building will be rehabilitated into rental units. X Will buildings be demolished? If yes, indicate the number of and type of buildings: X Will new buildings be constructed? If yes, list the percent mix of commercial, residential, public or other uses: x Commercial x Residential Public Other Uses X Will new streets or other infrastructure be added? Trail/private streets Will any park land be converted? Briefly describe: X X Will new pedestrian infrastructure be added? If yes, check type: x Sidewalks x Bike paths x Trails 4 B. Mix and Type of Uses: List the number and types of commercial, retail, office, government/civic, arts/cultural, entertainment or other uses existing or planned in the project site. Number of Square Number of Square Indicate if planned uses . Type of Use Existing Footage'or Planned Footage or are new construction or Uses Acreaee Uses Acreaee rehab New Rehab Commercial 0 0 1 5,000 Retail 0 0 Restaurant 0 0 1 8~000 Office 0 0 Government/Civic 0 0 Arts/Cultural 0 0 Entertainment 0 0 Open Space/Public 0 0 Space Other (list) 0 0 C. Type a!ld Tenure of Housing: List the number of housing units by type and tenure (owner/renter) currently in the project site area and planned. Total # of Units # Units Owner # Units Rental Distinguishing Features: (# ofstories, architectural desien) . I Existine Housine: I Single-family . I Townhouse I Apartments or Condominiums I Duplexes I Other (list): I . I Planned Housine: I Single-family - I Townhouse Apartments or Condominiums o o o o o o o o o o o o o o o 287 3-6 stories DT Stillwater design (underground parking) Duplexes Other (list): D. Housinl! Den~~ Current Overall Density (units per acre - net) o Planned overall density (units per acre - net) 45 DU/AC . 5 . . . E. Housing MfordabiIity: List affordability levels for existing and planned housing in the following format: (Area median income - $75,300) # of Units up to 50% of Area Median Income o o #' of Units at 50- .80% of Area Median Income o o # of Units at Market Rate o 287 # of Affordable units to be demolished (if any) o I Existing housing I Planned housing I - I Yes No (Check appropriate box) I Are there mechanisms to ensure lone-term affordabiIitv? Ifves. what type? I (Check any that apply) ~ I Land trust I Resale price indexing Other (list): N/A F. Employment connections: Estimate the number of jobs within 2 miles of the project site and list major employ~rs. Number of Jobs More than 5,000 Check appropriate number Maior employers within 2 mile Andersen Window, Washington county, Stillwater School, City of Stillwaterl Lakeview Hospital x I 3,000-5,000 1,000-3,000 500-1,000 Less than 500 G. Creation of new jobs: I Yes No Ix I I Number 115 I I I I (Check appropriate box? . Will this proiect create any new jobs? Ifves1 how many and what type? Type Sales, professional office 6 . . . H. Adjacent land uses and relationships: Describe any plans or opportunities to link adjacent land uses to the project site. Limit 8 lines The Downtown Cvulluercial area will be linked to .the residential development by pedestrian trail, sidewalks and bike paths. I. Describe how the project links to transit, if transit is available. Limit 8 lines The new railroad trail will connect to the downtown local and express bus route. J. Environmental protection and enhancement: I Yes X No (Check appropriate box) Does this project include environmental protection practices and environmental enhancement . . measures? If ves, what kind? Geothermal energy system, innovative storm water system. I (Check all that applY)' -.. . . X Ecologically sensitive stormwater management practices - including draining, filtering and retainimz stonn water in innovative wavs that maximize use of natural svstems ~ ~~--.."_.. ...... - . Preservation or restoration of existing trees and other natural vegetation Use ofnatufai resoUrces to create communities amenities, e.g. restoration of buried creeks and wetlands Provision of green spaces for recreation and scenic value - - Other (describe): Geothermal energy heating. X X X K. RepUcability: State how you will use components of or processes developed for the project in other locations in your community, or in the comprehensive plan and zoning codes. Limit 8 lines The project is a good example of planned infill in an Historic Downtown that better connects new residences to downtown attractions, job, shopping, recreation, transit and cultural attractions. The parking structure/flood wall/sump is a unique situation to a difficult urban problem. 7 '. . . 5. Partnerships and Community Participation (Begin new page) A. Planning and Implementation Partnerships: List and briefly describe the type and nature of partnerships in the project among goveml}lent, private, for-profit and non-profit sectors. I Name of Partners I City of Stillwater I DTED/Met Council I FrauenshuhlSweeney I Lofts of Stillwater, litc I . I Type of Partnership Project Manager Site cleanup Developer Developer B. Community's role: Describe any public participation processes (including residents, businesspersons and others) in developing the proposal, including the process to date, and plans for future community involvement in project implementation. Limit 8 lines The Downtown Plan and City's Comprehensive Plan included extensive citizen participation. This project has included plan development and review input by the City's Planning Commission, Historic Preservation Commission, Downtown Parking Commission and business community. The current more.detailed project specific plan will include input from design professionals, city committees and commissions, the downtown business community and city residents. C. City's role: How has the city supported the project? Limit 8 lines The City of Stillwater has provided project planning support, project management and participated in project funding through TIF and railroad land purchase. 8 . . . 6. Regulatory And Implementation Tools and Strategies (Begin new page) A. City review/regulatory process: (check appropriate box) Yes No X Were any new city review or regulatory processes or procedures used or developed for this oroiect If yes, describe them: (limit 6 lines) B. Zonin2lregulatory changes: (check appropriate box) Yes . No X Were any zoning or other regulatory tools necessary for the project to be implemented as olanned? State status of develv}Jment or city adoption of them: (limit 6 lines) C. Desi~n standards: (check appropriate box) Yes No X Were any design standards develooed? ~ ~ If yes, state status of adoption or inclusion in formal regulatory processes, and how the standards were or will be used: (limit 6 lines) Historic Downtown Stillwater Design Guidelines and Standards were used to review project design. 9 . . . 7. Developability (Begin new page) A. Market and feasibility studies: (check appropriate box) Yes . No ,. X Have market and feasibility studies been conducted for the project? If so, state briefly the conclusions of the studies: (limit 4 lines) Housing projects are feasible. B. Developer's role: (check appropriate box) Yes No X . Is a developer(s) committed to the project? Ifves- Name of Developer(s) I ~ Type of contract or commitment Frauenshuh/Sweenev Developer Lofts of Stillwater Developer I I 8. Readiness and Financial Aspects of the Project A. Yes X No Is the development site as represented currently within a designated develvpment district, or an approved development (i.e. PUD)? B. Describe the applicant's controls of the site, or sites represented in the proposal? (check appropriate box) I Under option. . ..... Ix Own I Condemnation I Within a TIF District Other (list): C. If the site is not under the applicant's control, what steps will need to be taken in order to do so? Limit 5 lines D. I Yes X No Are market studies or appraisals available for all components of the project (i.e. retail, office1 ownership housing! rental housing)? 10 . . e E. Yes No X If the developer is acquiring the development site from the city, is the site being sold at fair-market value? F. I Yes No I X Has an architect/engineer been selected for the project? If yes, what level of completion are the drawings at? (limit 4 lines) Jack Buxell for both projects completed. G. How have costs been determined? (check appropriate box) . . Bidding X Contracting estimates X Developer estimates I X City estimates Other (list): H. If commercial is proposed, provide as much specificity as possible regarding the type of tenants and projected rents. TVDe of Tenant Projected Rents Office Retail ? ? I. Yes No X Does the applicant intend to apply for LCDA funds for this project in future years for additional phases or components? J. Provide project sources/uses budgets on the following page. 11 . . SOURCES AND USES Sources LCDA City TIF Lofts of Stillwater Terra Springs LLC I TOTAL: I Total Soft Costs: OVERALL TOTAL $ Amount I Status $1,950.000 . Applied for 6/2003 1;500;000 Secured $30~0001000 Secured $4510001000 Secured I I I I $ 7814501000 I 150.000 $ 80,100,000 $1,900,000 12 I Approval Anticipated by: November 2003 150.000 $ 2,300,000 $75,000,000 . 8. Attachments - Maps an~. Images I & 2 Location Maps 3. Vicinity Map 4. Site Plan 5. Concept Plan Civic Plaza Park Pedestrian Connection 6. Terra Springs Site Plan and Elevations 7. Lofts of Stillwater Elevations 8. Resolution of Application . e 13 . ...- -----------r..-if -----~~ 1)1 ' "0' 'ct 1 I" wo<lOO j t:.""IIr.1lIoI l ItqJ I [~ &... ,. i ,;)_~_ I ~i --- ! "--' I ANO$ rP i .......- r c1_~ ~ i I ! O-..c .. --"-, . . . . . . . . . Principal Arterials . . . . . :" . . . . , , . . . ....., -. "3 o c..-_ . : CA'olOEH . . .. : ... . . . ~3 ~ . . , . I . ..'- . . . . . . ) e ~:j LI - za ~~ ~~6 ~ ~~ ~ == ~z ~ !n;8 z Z Z a ~ ~~ ~ Z ~ ~ u ~o"9 o Z~ ~11 {OF STILLWAT~ 2 City of . Land Use (City): Residential: c:J SFLL - Single Family Large Lot c:J SFSL - Single Family Small Lot c:::::=J ASF - Attached Single Family _ MF - Multi-Family Commercial: - ~ CN - Neighborhood Commercial T - CC. Community Commercial .,1 Business Park: .f' - BPC. Business Park Commercial L _ BPO - Business Park Office '. _ NO - Administrative IOffice i: c:::::J BPI - Business Park industrial !'" ~ RDP. Research & Development Park .f,. J Institutional: ~, _ SS - Secondary School 1. _ ES - EI..........ry School _.. _ CEM - Cemetary l Public: ::~ ~ PM - Marina ']:: II!!!!!!!!!!I PN. Neighborhood Park L II!!!!!!!!!I PC - Community Park :: _ PG. Golf Course T 1l:",~1t1 Water . ;, r.......l Wetland ~ea f c:J OPS - Open Space L c:J RAIL _ Railroad c:J ROW. Right-of-Way COMPREHENSIVE PLAN J TERRITORIAL PRISON SITE "TERRITORIAL PLACE" c~~~~~lt~~blJ/ . . Location Map R:!IW R20W RI9W ~: :~ nmWnm D2N DIN R22W RllW R.."OW Vicinity Map . :c: ....:l ~ =:!., . ~~ ~ ~E ~ ~&l !;;~! z :I:: z ~ ~:=; o ~f: ~ ~~ ~ ia.~ o ~~ CITY OF STILLWATER 3 Po4 < ~ ~ o j f-t ffi p::: ~ 8 . J<..\<Y [~~J EXISTING PARK III _EO'_ f:iq FU1'UREPARlt III~ . ClTYIllJllDDlG5 ~ -- - - o 50 100 200 500 5CAlE:r-1OO'-o" \- U UJ J ~ D.. Z o t3 QlUJ UJZ \-Z <0 ~U ...JZ =< tn~ zu) ~UJ 00 \-UJ ZD.. ~~ O...J 0= U. Z - Z < ~ :I: t2 o Z ~ - LIt iOF (STILLWATER L.. ,.AlOUODDOO ~ c::::J ,-, c::::J c::::J c::::J c::::J c::::J c:::::J c::::J c::::J c::::J c::::J c:::::J c:::::J c::::J c::::::J c::::J c::::J c:::::l c::::J c:::::l c::::J ../ .. - .. .. MAIN STREET - . ............... _ ~~':-,1~'::~",!il~" . --- .--.111 ~"'I CI-IAM6ER . OF COMMERCE f3 ~ >-~ W-I -IW -1<0 ~~ () In :t ~ -I -I -1 ~ lU I: STANDARD COFFEE RIVER MARl<ET ~"::;::'t':;n,~~.: :;i :i::4'l .,.... "'l';2".~':':.::~'~!~':~~fl!lir)I"'rT1 . fl.'I2f'TfJI c::::J c::::J c::::J c::::J c::::::J c::::J . . . . . 111~'::n~t:4-$tr:I':"";,';;::';~;::~",;~:~ ~ ~ ~.~ ~~~8.-fIIJ11:~;;~_.;.' II ;t,! '-n~ ~ I I I filII/I 1/ I I~~ I I II 2 LEvEL FARKING ( D~ ~.\~\\\\\\~~\\~~\J \JI~ 1~4 6FACE6 ~ ~~ ~ ~ /1 ;1/ # I 1/ IL I ! I / j /II' I I I I I I If LII ~ o q;' . ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ oz~i:i$ - ., '.. c_ CITYOF I - - - -1 STILLWATER . -- --- 5 ~ ~ TROLLEY 6TOF ~ ~ TRANSIT HUB ,.. ] I I WATER STREET I-II&TORI~ RI~R p~-~y~- - - ?~:)E.SiR'Jt..t-J TRAIL. \ _.1 I I I I L~~,~, ~~ I I I I I ~o. I I I I I I 1'\'1 ,. . rJrraOffJpriJl!fs DOWNTOWN STILLWATER CITY OF 'STILLWAl'~K 6 ,,-,\.. '~.... I ~ -- ,,'~ I ~;1, r~c {Y)/ .''';''',-,_ ",,"'>,iJi"'" /'J..~..?:''''i.; .~_=i::i/:,:j":,:i"'~ ___" - BUILDING 2 ~ NORTH VIEW /1 '~,_t./:/ '.~"~1 ( I /'''l (V! r',- / I \'~) L/, "0 J. Buxell Architecture. Ltd. I. NORTH VIEW ^r"\.. f:,v .. . rV\ _;.4Jt1i.' 'I).. ,1(V"'>' '-1/U - . r J.BuxeIlArchitecture. Ltd. . i. I . -I.. 'p ~ . )..'~ ,,~ <~. } ~ ...-:"..... . ~"~.....' r. :c~'.:....: d.~ _--:.:=-. / . J..' '. "'''',' p.T ."" __:;;/ . ~_. . .. ~ ........... J .- . ~. .;. <~ -s.L ._- ~" ." p -.r 1f-.: r. ":!~~~ '::: Ji Ii~." 9Jw f/lfts .~ --." StiJlwmer '. ,:=-' .~ . .. v ~'i:P ....~..'. ~ "'::::5 ~ .' .'~. ~~. ., ~. . , . " ..._:'~ " ", -...... .. . ~. .. . ",\.. '.ldJ6K:;:it~ih' ,... "".\7 ~...~!~ '~,,' ~:~ /~f;"':~''';;':';:'~;~~~ ..... CITY OF . STILLWATER 7 . . . . RESOLUTION NO. 2003- CITY OF STILLW ATER~ MINNESOTA AUTHomzmGAPPLICATION FOR A DEVELOPMENT GRANT l11KOUGH Hili LIVABLE COMMUNITIES DEMONSTRATION PROGRAM WHEREAS the City of Stillwater is a participant in the Livable Communities Act's Housing Incentives Program for 2003 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under the Livable Communities Demonstration Account; and WHEREAS the City has identified a proposed project within the City that meets the Demonstration Account's purpose/s and criteria; and , WHEREAS the City has the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS The City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements; and . WHEREAS the City Council ofthe City of Stillwater, Minnesota agrees to act as legal sponsor for the project contained in the development grant application submitted on June 25, 2003. BE IT FURlllliR RESOL YED that the City Manager is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the City of Stillwater and to execute such agreements as are necessary to implement the project on behalf of the applicant. Adopted this 1st day of July, 2003 Jay Kimble, Mayor Attest: Diane F. Ward, City Clerk . . . . MEMORANDUM June 27, 2003 TO: Mayor and City Council FR(])M: Diane Ward, City Clerk SUBJECT: On-sale and Sunday Liquor License DIS'CUSSION: At Council's direction, I have contacted Famous Dave's and Savories regarding their applications for an On-sale and Sunday Liquor License to see if they were still interested in obtaining one for their establishments. As of this date, only Famous Dave's has submitted a request for the liquor license. Being this will be a new On-Sale and Sunday License, a public hearing is required. RECOMMENDATION: I would recommend that Council set a hearing date for the next meeting, July 15 at 7:00 p.m. ACiflON REQUIRED: If Council concurs with the recommendation they should pass a motion setting the public hearing for the new On-Sale and Sunday Liquor License for Famous Dave's for 7:00 p.m., July 15. ICMA Web Site t.'~,:r Page I of2 . IsearCh. . . .~. - About ICMA Capabilities and Expertise Member Benefits and Information Who's Who Information Resources Conferences, Meetings, and Events Public Management Magazine (PM) Professional Development International Programs Interest Groups and Discussion Lists Bookstore JobCenter . Services for local Governments Corporate Partners Retirement Corp. (lCMA RC) Links Passwords and Preferences Brownfields Career Resources Citizen and Resident Participation Community and Economic Development Council-Manager Form of Government Culture, Libraries, and Art Elected Officials Environment Ethics . Finance and Administration Health and Human Services local Government Management! Administration Parks and Recreation CREATING EXCEllENCE IN LOCAL GOVERNMENT rhrC}li:Jh orc}fi~:'<~;].{)nJI I~fII!A: News Seventy-Five Percent of Local Governments are Adding or Increasing User Fees for Services Preliminary results of leMA's survey on reinventing government show that some cities have irnplemented changes in response to budget shortfalls. . Shared services, in which two local governments combine departments, such as publiC works, so that one department delivers services to both communities (21 %) . Reduced services delivery, such as reduced library hours (24%) . Eliminated delivery of at least one nonrequired service, such as canceling a summer in the parks program (24%) . Increased taxes (38%) . Added or increased user fees/charges for service (75%) . Rescinded previously approved capital expenditures (38%) . Froze vacant positions (54%) . Used reserve funds (one-time solution (46%). In addition, some local government report using nontraditional sources of revenue, such as a utility tax on wireless communications, rental of city property for cell tower sites, pay-per-bag trash pickup, charging a fee for bulky waste pickup, and other initiatives. The survey was sent to the city manager or chief administrative officer in all cities with a population 10,000 or greater. Those that did not respond to the first mailing will soon receive a second mailing. Please be sure that your city responds so that ICMA will have useful material to make available in these fiscally challenging times. @ 2003 International City/County Management Association (lCMA) 777 North Capitol Street, NE Suite 500 Washington, DC 20002 Main phone number: 202-289-4262 Member services: 202-962-3680 Main fax number: 202-962-3500 Order processing center: 1-800-745-8780 G~n~rQLc9Jlt<'lct iflfQrmatiQ_n St~ff.c:(mt9.<::ts forJCMAlTlemQers http://www l.icma.org/main/ns.asp?nsid=507 6/30/2003 ..(' .' . . . F- I 408 North Third Street, MTV #203 Stillwater, MN 55082-4879 June 30, 200~ Mayor and Council, City of Stillwater Subject: Change of Street Name In my earlier "Letters to the Editor" in all.th.ree local newspapers in pursuit of an asphalt path in McKusick Ravine, I stated that the mere mention of adding a "Babbling Brook" to the rear of back yards was raising property values on Laurel Street. An example was given of an assessed value versus a newspaper's realestate price on Laurel Street. "Why Not" offer the residents of Laurel Street a change of street name to "Babbling Brook WAY" 1?? It already has a "Bike WAY" signage, and this would complement it, and better identify it as part city's planned parkWAY system. Laurel Street originates at Pioneer Park on the east, and connects directly on the west with McKuusick Road and its pathways. This is NOT similar to the BroadWAY/6th Avenue name change NON-EVENT. THIS suggestion is not only meaningful, but should be welcomed as those property values rise. It also could bring upgrades sooner. Please consider all of the above before making your decision. Thank you. Sincerely, 4~%~ Duane Seaquist P.S. I have a daughter in Woodbury who has lived for 15 years on a "WAY" traffic artery. ~ J . June 26, 2003 STILLWATER TOWN BOARD MEt:' ING Town Hall 7:00 P.M. PRESENT: Substitute Chairperson David Johnson, Supervisors Jim Doriott, Duane Laabs and Sheila.Marie Untiedt. Also, Attorney Tom Scott, Treasurer Gloria Sell, Planner Dick Thompson, Engineer Paul Pearson and Police Chief Steve Nelson. 1. AGENDA - M/S/P Laabs/Untiedt moved to adopt the agenda as amended. (4 ayes) 2. MINUTES,. M/S/P Untiedt/Laabs moved to approve the 6/12/03 Stillwater town board meeting minutes as written. (4 ayes) 3. TREASURER,. Claims approved for payment and checks #16343 thru #16352 were signed. 4. ATTORNEY - Keefer Minor Subdivision Park Donation - Mr. Keefer continues to ~e disappointed with the park dedication. The attorney will relay the following to Wvlr. Keefer. 1. The charges are consistent with township practices and must be forthcoming as specified previously. 2. The township is in the process of reviewing fees and will look at this park donation retroactively at a later date. 5. PLANNER- 1. Meister Grading - The proper permits are in process. Grading halted for the present. 2. Updated Stillwater Township Zoning and Subdivision Ordinances.. Copies will be made for township personnel, the Stillwater Library, and the County Law Library. 3. Schmotter Dirt Bike Situation - A letter was received from the Schmotters regarding complaints about the recreational dirt bike noise coming from their property. They are offering to reduce the hours that dirt bikes are active. The planning commission is to discuss an ordinance regarding noise pollution. The Schmotter's will be invited to attend. 6. CLERK- 1. Address labels for the residents in the area of the Arcola Heights Park are ready when needed by the park committee. . 2. Two men who claimed to be roofers and are not licensed by the township are soliciting for roofing work in the township. 3. An estimated cost of $800.00 per school board election will be reimbursed to the township for running the elections. ~ \ Stillwater Town Board Meeting - 6/26/03 Page Two 4. The clerk will contact Maroneys aboutthe dumpster surround damage. Mr. Ranalla will repair it and the township will be reimbursed by Maroney's. . 5. Mr. Hiniker will be asked to order another garbage can to be placed by the softball field. 7. ENGINEER- 1. M/S/P Untiedt/Laabs moved to approve schedule 2 in the amount of $3,506.00 for repairs to 87th Street North as submitted by Raleigh Trucking. (4 ayes) 2. M/S/P Untiedt/Laabs moved to approve Qwest Permit #RWM3M0474 for work on 110th Street North. (4 ayes) 3. M/S/P Untiedt/Laabs moved to advertise for a low bid road care contract - 2 and 3 year option. (4 ayes) 8. POLICE CHIEF - 1. Sue Langer spoke to the issue of placing no parking signs on 90th Street in the area of the park shelter for safety reasons. M/S/P DoriottjUntiedt moved to have a no parking zone on the north side of of 90th Street from Stonebridge Trail to a point across from the western boundary of the lower parking lot in Otto Berg Park. (4 ayes) 2. The status of All Sons Solicitor's Permit was discussed. More information needed. 3. Dave Heuer from the Sheriff's Department was present to introduce himself anca, discuss the Fairy Falls parking signs. The town board members thanked the . county for their part in cleaning up the nuisance situation at Fairy Falls Park. The next project will be on Arcola Trail. 9. RIC::HTMAN REOUESTS - 1. Would like to have a recycling carnival at the fall park event. She is to produce her plans for the 2003 recycling money - to include the carnival - for further review by the board. 2. M/S/P Untiedt/Doriott moved to spend up to $75.00 for a sign noting that the town hall landscaping work was done by the eagle scouts. (4 ayes) Requested that a supervisor present the sign. 3. Requested the use of the town hall meeting room on July 28th mid afternoon for an eagle scout ceremony. 4. Suggested her son's troop sell hot dogs at the fall park event - was told the park committee is arranging the event. 5. Suggested she and her husband maintain the town hall landscaping for a stipend of $100.00 - was told to do a job description. 10. ADJOURNMENT -Meeting adjourned at 9:00 p.m. Clerk . Chairperson Approved ,~ . Legis{ative Associates! Inc. 1!E@~n\W ~ ,', 3 " ,., . '~;\_.~ ~/ I, .__.' _ I..... L..- ~ - ;~\ rr I ! I l0 P.O. Box 2131 Sti{[waterj MN 55082 (651) 439-7681 Fax (651) 439-7319 II01 30th Street! SMite 500 washington! D.C. 20007 (202) 625-4356 Fax (202) 625-4363 June 19, 2003 To: .,., I Mayor Kimble and Council Members Larry Hansen, City Administrator Ed Cain, LAI Legislative Report: LeveeIFlood Control Project Stillwater National Guard Armory Other issues LeveeIFlood Control Proiect: Finally, on June 11, Appropriations Chairman, Bill Young issued the allocations to each of the 13 Appropriations Subcommittees so they can move ahead on their respective Appropriations bills for FY 2004. He indicated that he hoped each of the subcommittees would complete their work to enable the bills to be passed before the August recess. The allocations limit the subcommittees to a 4% growth for FY 2004 over FY 2003. From: Subject: We have requested language in the Energy and Water Development Appropriations. bill that will direct the Secretary to utilize the $2 million appropriated in the FY 2001 Appropriations for the Stillwater Flood Control, and to move forward with the construction of the Stage 3 flood wall. No markup of the House bill has been scheduled at this time. We have also requested $6.5 million in the Military Construction Subcommittee for the Stillwater National Guard Armory Project. LAI was able to get the Minnesota Military Affairs Department to make contact with all of the MN delegation and the Committee urging the funding of the project, indicating it was number one on their "needs lisf for new armories in the State. . The Mayor has submitted testimony on these issues, and I have been in frequent contact with our Congressmen, and the Subcommittee staff. During the next weeks, i will be meeting individually with each of the Appropriations Committee Members or their staff. Stillwater Armorv Fundina: - - The Military Construction Appropriations bill should be out in the very near future. It was one of the earlier bills. In talking with the Committee, they say that their allocation is down this year from FY 2003, and there will be some disappointments. There will still be opportunities to get our request in the FY 2004 budget, even we we miss on the House Bill. I have included a sheet showing the allocations for each of the 13 Subcommittees. The two we are interested in are Energy and Water and Military Construction. . I'll keep you informed as the process moves forward. Ed " . . FY 2004 302{b) Allocations (budget authority, in millions of dollars) Chairman's FY 2003 FY 2004 302(b) 302(b) vs. 302(b) vs. Enacted. Pres. Request Recommendation FY03 Enacted Request Agriculture..................................... .. 17,398 17,141 17,005 -393 -136 Commerce, Justice, State............... 36,291 37,685 37,914 +1,623 +229 Defense................................... . 364,334 371,698 368,662 +4,328 -3,036 District of Columbia......................... 509 421 456 -53 +35 Energy and Water Development..... 25,838 26,946 27,080 +1,242 +134 Foreign Operations. ... ........ ...... ... ..... 16.192 18,889 17,120 +928 -1 ,769 Homeland Security...................... 21,873 27,481 28,521 +6,648 +1,040 Interior.................... ......................... 19,757 19,552 19,627 -130 +75 Labor, HHS, Education................. 134,367 137,990 138,046 +3,679 +56 Legislative....................................... . 3,340 3,802 3,512 +172 -290 Military Construction... . . . . . . . . . . . . . . . . . 10,494 9,237 9,196 -1 ,298 -41 Transportation, Treasury........ ......... 27,777 27,802 27,502 -275 -300 VA, HUD, Independent Agencies.... 87,077 89,434 90,034 +2,957 +600 --------- ------- ---------- ------- ------- Total discretionary spending..... 765,247 788,078 784,675 +19,428 -3,403 * FY 2003 Enacted excludes the FY 2003 emergency wartime supplemental. Labor-HHS-Education adjusted to reflect +$2.2 billion in advance appropriations. . 6/11/2003 05/09/2003 03:30 5514394705 PAGE 01/01 '" Stillwater Township Calendar . Chair HlnJker June 25 Joint Planning Meeting 7:00 PM June 26 Town Board Meeting 7:00 PM Chair Johnson July 3 Planning Commission 7:00 PM July 10 Town Board Meeting 7:00 PM July 14 Park Committee 7:00 PM July 16 Fairy Falls Meeting 7:00 PM July 24 Town Board Meeting 7:00 PM Chair Johnson . August 7 Planning Commission 7:00 PM August 11 Park Committee 7:00 PM August 14 Town Board Meeting 7:00 PM August 28 Town Board Meeting 7:00 PM Chair Laabs September 4 Planning Commission 7:00 PM September 8 Park Committee 7:00 PM September 11 Town Board Meeting 7:00 PM September 25 Town Board Meeting 7:00 PM . r::iIi..lJ:- Supervisors ~y attend any or all of the above meetings. Clerk, Stillwater Township June 16, 2003 Stillwater Township June 26, 2003 Stillwater Town Hall " Chair Johnson(substitutel 7:00 P.M. Regular Meeting . Call To Orckr Age.nda: Adopt Minutes: Approve Minutes June 26, 2003 Regular Town Board Meeting Treasurer: 1. Report 2. Claims & Checks 1. 2. 1. Meister Grading 2. New Cell Tower Add-on Issue 3. 1. Sign Qwest Permit 11 Oth Street 2. 1. Miscellaneous . 1. .Attnrnev: .. Planner: Engineer: Clerk: Committees: People Porti!m.:. 8:00 PM 1. 2. Peace Officer a. Solicitor Permit All Sons b. Langer Re: 90th Street c. Meister Grading Karen Richtman a. Town Hall Landscape b. Recycling Contract Old Business: 1. New Business: 1. ^ d j o.w:n.;. . 06/22/2003 Pat BantIi .. . . . Chair Hiniker Call To Order A~enda: Minutes: Treasurer: Attorne~ Planner: Engineer: Clerk: .Committees: People Portion: Old Business: New Business: Adjourn: Stillwater Township .I une 12, 2003 Stillwater Town Hall 7:00 P.M. Regular Meeting Adopt Approve Minutes May 22, 2003 Regular Town Board Meeting ]. Rep0l1 2. Claims & Checks I. Sign Storage of Vehicles Ordinance 2. Update Raleigh Trucking Bond Status 3. Review Peddler Ordinance 4. ]. J aneen Thatcher-Water Issues 2. Heck Certificate of Compliance 3. Garley Certificate of Compliance 4. Watershed Activities 5. Curtiss Hills Trails 6. Revie\v Zoning Fees ]. Review Seal Coat Letter 2. Calcium Chloride Map ]. Miscellaneous ]. Park Report 2. Planning Commission RepOJi 8:00 PM 1. ] .Eileen Sexton Resignation and Replacement Paul Pearson will not be present. 06/06/2003 Pat Bautli " June 12, 2003 STILLWATER TOWN BOARD MEETING Town Hall 7:00 p.4 PRESENT: Chairperson David Johnson, Supervisors Sheila-Marie Untiedt, Duane Laabs and Jim Doriott. Also, Attorney Tom Scott, Treasurer Gloria Sell, Planner Dick Thompson and Mike Raleigh, Jr. 1. AGENDA - M/S/P Doriott/Laabs moved to adopt the agenda as amended. (3 ayes) 2. MINUTES - MjS/P LaabsjDoriott moved to approve the 5/22/03 Stillwater town board meeting minutes as written. (3 ayes) 3. TREASURER- 1. Brief report given. 2. Claims and checks #16317 thru #16342 were approved. 4. RALEIGH BOND - M/S/P LaabsjDoriott moved to hold checks until the bond is delivered. (3 ayes) Sheila-Marie Untiedt arrived. 5. ATrORNEY- 1. Brief discussion of the attorney's letter justifying not reducing the Keefer park dedication amount. Mr. Keefer will be at a meeting in future to get deeds signed. 2. At a later date a discussion about park dedication amounts will be held. . 6. PLANNER- 1. MjSjP LaabsjUntiedt moved to authorize the chair to sign the Wetlands Conservation Act between the county and township. (4 ayes) 2. M/S/P UntiedtjDoriott moved to approve the Heck/Downie certificate of compliance for living in the original house while the new one is being built per the planner's review. (4 ayes) 3. MjS/P UntiedtjDoriott moved to approve a certificate of compliance for Tom and Karen Garley for a home occupation per the planner's review. (4 ayes) 4. Board members were interested in natural resource inventories that Met Council may fund. Planner will research further. 5. The planner's opinion is that we should not lose the trail on Norwood. Written comment will be forwarded to the resident who requested the trail easement be paved. 6. Discussion regarding mini-bike disturbance and a business without a . permit on the Schmotter property at Arcola Wildwood Subdivision. More later. Mike Raleigh arrived. , Stillwater Town Board Meeting - 6/12/03 Page Two 7. ENGINEER - A letter was received from the engineer regarding an error in the recorded length of 103rd Street North has resulted in an additional $5,392.25 cost .for bituminous overlay. 8. CALCIUM CHLORIDE APPUCATION. - M/S/P Doriott/Laabs moved to authorize Mike Raleigh to apply calcium chloride to the gravel roads. It is left to his discretion to be more generous and consistent with the 2003 application. (3 ayes, Untiedt nay) 9. RALEIGH BOND - ROAD CONTRACf - The bond has been purchased and as soon as it is notarized, the checks being held will be released. 10. JOINT PLANNING MEt: lING 6/25/03 - Both Tom Scott and Dick Thompson were asked to be present regarding the Kevin Shoeberg land development issue. 11. OTrO BERG PARK - 1. Partially fencing the east side of the basketball court was suggested. 2. An additional garbage can is to be placed on the west side of the basketball court due to the excessive waste found in that general area. 3. M/S/P Laabs/Doriott moved to approve the development of a plan for a stone marker for the board to review. A budget for up to $2,000.00 for the monument is suggested. (4 ayes) 12. 111 I LE CARNEUAN PARK - MjSjP UntiedtjLaabs moved to approve $700.00 for .wo benches to be placed at the Little Carnelian Park. (4 ayes) 13. ARCOLA HEIGHTS PARK - Background information fe: Arcola Heights Park was discussed by several people who were present originally. Area residents' input will be appreciated. The clerk will get addresses for nearby residents. 14. 90TH STREET NORTH- No parking signs on the north side of the road was discussed. More history before more signs. 15. PERSONNEL CHANGES - M/SjP Laabs/Doriott moved to accept with regret Eileen Sexton's resignation from the planning commission. (4 ayes) M/SjP Laabs/Doriott moved to appoint Lynne Murphy to the planning commission. (4 ayes) 16. ADJOURNMENT - Meeting adjourned at 10:23 p.m.. Clerk .Chairperson Approved Diane Ward From: Sent: To: Subject: Pat Raddatz [Pat.Raddatz@co.washington.mn.us] Thursday, June 26, 2003 11:44 AM Pat Raddatz Washington County Board Agenda - 7/1/03 . Washington County Board of Commissioners 1494962nd Street North Stillwater, MN 55082 Washington County, County Board Agenda July 1, 2003 - 9:00 a.m. 1. 9:00 - Roll Call Pledge of Allegiance 2. 9:00 - Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. . 3. 9:10 - Consent Calendar 4. 9:10 - Metropolitan Inter-County Association - Keith Carlson, Executive Director 2003 Legislative Session Report 5. 9:40 - Public Hearing - Transportation and Physical Development - Ann Pung-Terwedo, Sr. Planner Appeal of a Decision Made by the Planning Advisory Commission Re: Ownership of Outlot C, Bay Lake Reserve, Baytown Township 6. 10:10 - Community Services -Patrick Singel, Deputy Director Emergency Assistance Program and Interim Policies and Procedures 7. 10:20 - Transportation and Physical Development - Joe Lux, Sr. Engineering Technician A. Endorse Trunk Highway 97 and Surrounding Area Study . B. Endorse Option for Trunk Highway 36 Partnership Study 1 8. 11:00 - General Administration - Jim Schug, County Administrator 9. 11:10 - Commissioner Reports - Comments - Questions .hiS period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 10. Board Correspondence 11. 11:30 - Adjourn 12. 11 :30 to 12:00 - Board Workshop with Transportation and Physical Development Rivers Edge Draft Alternative Urban Area-wide Review ************************************************************************ Meeting Notices Reminder: No Board Meeting On July 29,2003 - Fifth Tuesday July 1 - Court Self Service Center Open House 11:30 a.m., Washington County Government Center ....uly 2 - Plat Commission .30 a.m., Washington County Government Center July 2 - Metro Transitways Development Board 8:30 a.m., 125 Charles Avenue - St. Paul ************************************************************************ Washington County Board of Commissioners Consent Calendar - July 1, 2003 Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. The following items are presented for Board approval/adoption: Administration A. Approval of the June 17, 2003 Board meeting minutes and the 2003 Board of Equalization meetings held on June 17, 2003. B. Approval to appoint Kevin Flood, Cottage Grove, as a Consumer Representative, to the Mental Health Advisory Council to fill an unexpired term to December 31,2004. .ommunity Services C. Approval of the Workforce Investment Act (WIA) annual plan update for 2003. 2 '. Public Health and Environment D. Approval of an agreement with Chisago County for reciprocal use of their respective household hazardous waste facilities and authorize execution by the Board Chair and the County Administrator. . Transportation and Physical Development E. Approval of resolution, final payment to Shafer Contracting Co., Inc., in the amount of $18,039.44 for reconstruction of CSAH 19 in Woodbury. F. Approval of Supplemental Agreements No.1 and 2 to contract 2196 with SRF Consulting Group, Inc. for the environmental and preliminary design services for reconstructing the recently transferred State Trunk Highway 120 (Valley Creek Road and Century Avenue South) from I-494 to Woodbine Avenue in the City of Woodbury, for a cost not to exceed $56,200. Pat Raddatz, Administrative Assistant Washington County Phone: (651) 430-6014 e-mail: pat.raddatz@co.washington.mn.us . . 3 Diane Ward From: Aent: ~o: Subject: Pat Raddatz [Pat.Raddatz@co.washington.mn.us] Thursday, June 12, 2003 1:27 PM Pat Raddatz Washington County Board Agenda - 6/17/03 Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County, County Board Agenda ***Please Note Change in Time*** June 17, 2003 - 10:00 a.m. 1. 10:00 - Roll Call Pledge of Allegiance 2. 10:00 - Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and _address, and present your comments. You are encouraged to limit your esentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. 3. 10: 10 - Consent Calendar 4. 10:10 - Introduction of David Wakudumira, Mayor of Jinja, Uganda - Commissioner Kriesel\ 5. 10: 15 - Transportation and Physical Development - Jim Luger, Deputy Director Sewer Interceptor through the Cottage Grove Ravine Regional Park and Trail Construction 6. 10:20 - Assessment, Taxpayer Services and Elections -Kevin Corbid, Director Tax Forfeited Parcels as Non-conservation 7. 10:25 - Public Health and Environment Cindy Weckwerth, Program Manager e. LCMR Grant Proposal B. Update on the TCE Contamination in the Fraconia Aquifer 1 8. 10:55 - Community Services Department - Tammy Kincaid and Sally Borich, Supervisors 2002 Services to Children Report . 9. - 11:35 - General Administration - Jim Schug, County Administrator Policy #1031, Possession of Firearms on County Premises and By County Staff 10. 11:55 - Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on,matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 11. Board Correspondence 12. 12:15 - Adjourn 1:00 to 3:00 - Board of Equalization ************************************************************************ Meeting Notices June 17 - Personnel Committee 9:00 a.m., Washington County Government Center . June 17 - Housing and Redevelopment Authority 3:00 p.m., 1584 Hadley Avenue North - Oakdale June 17 - Public Health Advisory Committee 5:30 p.m., Washington County Government Center June 18 - Transportation Advisory Board 2:00 p.m., 230 East 5th St., Mears Park Centre - St. Paul June 19 - Minnesota Extension Committee 5:00 p.m., Washington County Government Center June 19 - Workforce Investment Board 8:30 a.m., Sgt. Peppers Grill - Oakdale ************************************************************************ Washington County Board of Commissioners Consent Calendar - June 17, 2003 Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. . The following items are presented for Board approval/adoption: 2 Administration A. Approval of the June 3, 2003 Board meeting minutes. .sessment, Taxpayer Services and Elections B. Approval of resolution, application for Conveyance of Tax Forfeited Lands for an authorized public use. C. Approval of resolution, application for lawful gambling exempt permit by Caseski Opp-ortunity Fund to be used at Afton Alps Golf Course. Community Services D. Approval of an agreement between the Minnesota Department of Trade and Economic Development and Washington County Community Services' Workforce Division to operate Dislocated Worker Program between July 1, 2003 until June 30, 2006. Information Services E. Approval to sale the county's old IBM 720 ASj400 to QualTech IntI. in the amount of $1,100. Public Health and Environment F. Approval to execute a contract with Sunrise Health Services, Inc. for home health care services to eligible Washington County residents. .ransportation and Physical Development G. Approval of resolution, no parking anytime zone located on CSAH 11 on both sides of the road, to 300 feet south and 350 feet north of the intersection with Orwell Avenue and to install and maintain the appropriate signs to delineate such zone. H. Approval of contracts with Brown's Creek and Carnelian-Marine Watershed Districts for floodplain mapping services. Pat Raddatz, Administrative Assistant Washington County Phone: (651) 430-6014 e-mail: pat.raddatz@co.washington.mn.us . 3 Diane Ward From: Sent: To: Subject: Pat Raddatz [Pat.Raddatz@co.washington.mn.us] Thursday, June 19, 2003 12:13 PM Pat Raddatz Washington County Board Agenda - 6/24/03 . Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County, County Board Agenda June 24, 2003 - 9:00 a.m. 1. 9:00 - Roll Call Pledge of Allegiance 2. 9:00 - Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. . 3. 9:10 - Consent Calendar 4. 9:10 - Public Hearing - Assessment, Taxpayer Services and Elections - Kevin Corbid, Director Consider Naming a Previously Unnamed Creek _ 5. 9:30 - Public Health and Environment - Lowell Johnson, Deputy Director Countywide All Hazard Mitigation Plan 6. 9:35 - Community Services - Dan Papin, Director Performance-Based Funding for the Minnesota Family Investment Program 7. 9:50 - Transportation and Physical Development - Sandy Cullen, Transportation Manager Preferred Alternative for CSAH 8 in Hugo . 8. 10:05 - Human Resources, Employee Safety and Risk Management - Judy Honmyhr, Director 1 Retirement Incentive Program to Employees Meeting Eligibility Requirements .. 10:15 - General Administration - Jim Schug, Administrator 2003 Budget Reductions 10. 10:45 - Public Hearing (Continued from May 20, 2003) - General Administration 2003-2007 Capital Improvement Plan and Issuance of General Obligation Bonds 11. 11:15 - Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 12. Board Correspondence 13. 11:35 - Adjourn 14. 11:35 - Lunch .5.12:30 to 1:00 - Board Workshop with Financial Services Status of Contracting out Collections Activities ************************************************************************ Meeting Notices June 23 - Library Board 6:30 p.m., 8595 Central Park - Woodbury June 24 - Planning Advisory Commission 7:00 p.m., Washington County Government Center June 25 - Mosquito Control Exec. Commission 9:00 a.m., 2099 University Avenue West - St. Paul June 25 - Regional Solid ~aste Coordinating Board 10:30 a.m., 2099 Univers~ty Avenue West - St. Paul I I June 26 - Community Cor~ections Advisory 7:30 a.m., Washington C6unty Government Center I June 26 - Resource RecoJery Budget Review 8:30 a.m., MCIT Building,1100 Empire Dr. - St. Paul i June 26 - Red Rock Corri~or .:30 p.m., Cottage Grov~ City Hall ************************************************************************ Washington County Board of Commissioners 2 Consent Calendar - June 24, 2003 Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. 'e. The following items are presented for Board approval/adoption: Administration A. Approval of the June 10, 2003 Board meeting minutes. Community Services B. Approval of agreement with Hennepin County Training and Employment Assistance for the delivery of employment and training services to laid-off Northwest Airlines workers. County Attorney C. Approval for the County Board Chair and County Administrator to execute a contract with Tibebu Shitaye to complete development of the County Attorney's Office Law Enforcement Network System. Human Resources, Employee Safety and Risk Management D. Approval to continue three Special Project positions (Employment Counselor, Office Technician II and Social Worker II) in Community Services through December 31, 2003. Sheriff's Office '. E. Approval to renew the Juvenile Detention Services Subsidy grant from the Minnesota Department of Corrections effective July 1, 2003 through June 30, 2004. Transportation and Physical Development F. Approval for the County Engineer to issue a driveway permit in an access-controlled right of way on County Road 15A in New Scandia Township. Pat Raddatz, Administrative Assistant Washington County Phone: (651) 430-6014 e-mail: pat.raddatz@co.washington.mn.us . 3